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HomeMy WebLinkAboutM061582June 15, 1982 82 a 983 iTATE OF CALIFORNIA ) SS. ;OUNTY OF BUTTE ) The Board of Supervisors met at 9;0.0- a.m. pursuant to adjournment. Present: Supervisors Dolan, Fulton, 24oseley; Saraceni and Chairman Wheeler. Mike Pyeatt, interim administrative officers Del Siemsen, county counsel; and Eleanor M. Becker; county clerk, by Cathy Pitts, assistant clerk tothe Board. Pledge of Allegiance to the Flag of the United States of America Invocation by Clay Castleberry APPROVAL OF MINUTES On motion of Supervisor Saraceni, seconded by Supervisor Dolan and unanimously carried, the minutes of May 18 and May 25, 1982 were app roved as mailed with the amendment to the minutes of May 18, 1982 as follows: Minute order 82-875 to show Supervisor Wheeler voting yes. Minute order 82-880, pages 14, 15 and 16 ~~o, reflect as Follows: agricultural/residential interface conflicts, potential loss of agriculture and, traffic increases and congestion, energy consumption, and potential loss of archaeological sites. Many, but not all, of the above-listed impacts can be mitigated on a project-by-project basis, or in connection with community improvement projects which may be undertaken in the future with public or private funding. The likelihood of such mitigation is too speculative for evaluation at this time.: 2. With the exception of the "No project" alternative, the alternative listed on Page 41 of the ETR have been incorporated into the current proposal where such incorporation has been found consistent with community desires for rezoning specific areas and General Plan goals and policies. Specific findings with regard to the alternatives are as follows: a. Alternative 1 - No Project. The "No project" alternatives can be divid@d into two categories, the first being no building or development within the project area whatsoever, and the second being simply to retain the existing zoning districts. The first of these is being rejected because it is not politically feasible or realistic or consistent with the desires of the community. Zoning tools to implement this alternative is not likely to be adopted. Leaving the zoning districts as they are is being rejected because the proposed zoning districts more accurately reflect community goals and the policies of the General Plan. b. Alternative 2 - Modify Proposed Land Use Categories. This alternative was applicable for the General Plan Amendment. Modifications were implemented in portions of the project area. c. Alterative 3 - Relocate Land Use and Zoning Boundaries. Several locations within the project area have been modified from the original • zoning proposal. Approximately- 140 acres- adjacent to the City of Biggs are proposed for "R-1" and R 3" rather than the originally proposed "SR-1". Approximately 210 acres near the City of Gridley have been changed from "SR-1" to "A-5", and approximately 370 acres have been changed from "A-5" to "SR-1", resulting in a 160 acre increase in the amount of "SR-1". Also near Gridley, 175 acres have been changed from "A-5" Page 118. June 15, 1982 s _ _Ju_ne_1_5, 1982-- ____~-___-______ - to "A-10", and bb0 acres-in the ~lanzanita District have been modified from "A-40" to "A-10".- These changes were-made to reflect recent development and the desires of residents in the subject areas; and, further making the following findings, by areas identified on the rezone exhibit; Area 1: "A 5" zoning is appropriate since the predominant parcel size are less than 5 acres in size wstfi.parcels that are 10 acres or larger, thus available for further division. "A 20" zoning would not make a great differencein the agricultural viabilityof Area 1. Area 2: "SR-1" zoning is appropriate since the predominant parcel sire is 1 acre or less in size. The 1/2•mile, more or less, distance from the city limits would not preclude annexation of intervening large parcels proposed for "A-5" zoning. "A-5" zoning would preclude further land division, but the existing parcels would represent infilling of an area which currently is not conducive to commercial agricultural operations. Area 3: "A 5" zoning is appropriate for the western half of Area 3. The eastern half of Area 3 has existing small parcels (down to 1/3 acre) around the periphery, thus compromising the viability of commercial agricultural operations. For these reasons, "SR-1" zoning is deemed more appropriate than "A-5" in the eastern half. Area 4: Area 4A, proposed for "SR-1" zoning, is designated Low Density Residential by the Butte County General Plan; a zone larger than a 1 acre zone is not listed as a consistent zone. For that reason, "A-5" zoning is not considered appropriate for this parcel. Area 4B & C: "SR-1" zoning is appropriate rather than "A-5" or "M-2" due to the existing predominant parcel size, generally less than 2 acres, and the fact that "l+~ 2" (heavy industrial) zoning is not appropriate immediately adjacent to or on existing residential properties. Area 5: "A-5" zoning is appropriate for the eastern half of Area 5. "SR-1" zoning is appropriate, rather than "A-S", for the western half since it is designated Law Density Residential by the General Plan; a zoae•larger than a 1 acre zone is not listed as a consistent zone. Area 6: "A-10" is appropriate for the northeast portion of Area 6. '!How- ever, the remaining portion of Area 6 is predominantly less than 10 acre parcels. For that reason "A-10" zoning is not considered appropriate; "A-5" zoning is proposed. , Area 7: "SR-1" zoning would be consistent with the current parcel sizes. The configuration of the area and its physical constraints, such as a large/pond drainage area west of the railroad track, would limit potential land divisions. Since the majority of the parcels are 3 acres or less in size, "A-5" zoning was not deemed appropriate. Area 8: "AR=ME1-1" zoning is proposed to recognize the predominant parcel size; most of the parcels are less than 3 acres in size. For that reason, "A-5" zoning was- not considered appropriate. Area 9: "SR-1" zoning was agreed upon by both. the City of Gridley and the County of Butte as being consistent with existing parcels. Area 10: "SR-l" zoning was proposed since the predominant parcel size is 2 acres or less. For that reason, "A-5" zoning was not deemed appropriate. Only 3 parcels are 5 acres or more in siae. Page 119. June '15, 1982 _ _ _ _ - _ _ _ _ - -_ sTune 15L 1982 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Area ll; "A-10" zoning was. agreed-upon by both. the City of Gridley and the County of-Butte as being cona~istent with-the underlying subdivision for the entire area. 8: b Area 12: ~`M--2" zoning was proposed through "N~1" zoning reflected the earlier interim zoning. Heavy industrial us e. is represented by the rice drying operation. Area 13; "A-5" zoning is considered consistent with the physical con- straints of the property involved. "AR-MH-1" and, "SR-1"zoning would require additional study to warrant parcel sizes of down to 1 acre. Area 14: "SR-1" zoning is proposed. This represents enlarging the allowed parcel size from what would have been allowed under the existing "A-R" (agricultural-residential) zoning (1/5 acre under "A-R" and 1 acre under "SR-1" zoning): "A-R" zoning would have allowed multi-family residential uses with a use permit. "A-5" zoning would represent a drastic down- zoning from the existing "A-R" zoning (1/5 acre to 5 acres). Although there may be a significant adverse environmental effects resulting from development which would be allowed pursuant to approval of this project, there axe overriding considerations which justify project approval. These overriding considerations include: 1. The Butte County General Pian has been amended for the subject area and State law requires that zoning districts lie established which conform to the General Plan designations. This project is apart of an ongoing process to phase out "A-2" zoning. 2. The zoning districts being established represent an improvement over present zoning. districts for the area in that they were formulated with the help of citizen input to more effectively implement the goals and object- ives of-the Butte County General Plan. 3. The zoning districts being establishedare potentially less environmentally damaging at full buildout than the zoning districts which previously were in effect for the area, while still providing room fox community expansion. 4. The zoning districts under consideration provide areas for rural homesites on large parcels which will offer area residents the opportunity to offset food and energy resource demand by becoming partially self-sufficient through producing on the premises a portion of their food and energy needs; Having made the above .findings for the Gridley-Biggs rezone, Ordinance l~285 establishing the zoning districts for the Gridley Biggs area was adopted and the Chairman authorized to sign. Supervisors Moseley, 5araceni and Chairman Wheeler Supervisors Dolan and Fulton 984 ADDITIONAL ITEMS FROM BOARD MEMBERS TO BE ADDRESSED AT THE END OF THE DAY Supervisor Dolan read a telegram fmm the state relative to Scotty's Boat Landing and the fact that it might not be situated on state property, and the eviction notice was rescinded. 985 GIANELLA BRIDGE DESIGNATED AS TEiE N0: l.PRIORITY PROJECT Chairman Wheeler received information-from Sacramento to the effect that if the county would go on record indicating that the Gianella Bridge is the county's No. 1 project at this time, there is a chance that it might be placed back in the STIP for 19.82-83. Page 120. ', June 15, 1982 B 2= b ', 986 987 June 15, 1482 0[t motion o~ Supervisor Wheeler, seconded by Sugervis,or Dolan and unanimously carried, the Board went on record indicating that at this particular tithe, knpwi:ng that there are other porjects that certainly are very important to the needs. in the north. state, full well knowing that this project may be the one that•may he replaced in the STIP for 1982-83, Gianella Bridge was designated as the county`s No. 1 priority project. F.ublic Works Director to immediately contact Chairman of the Trans, portation Committee to advice e of action taken by the Board. Official letter to also be written. ADOPT RESOLUTTON5 82-44 & 82-95: APPR04E CONSENT AGENDA ITEMS Consideration of resolution giving notice of intent to form an Adult Day Health Care Council and resolution setting office hours for the Butte County Library System was pulled from the consent agenda. On motion of Supervisor Fulton, seconded by Supervis or Dolan and unanimously carried, the following action was taken: 1. Approved budget •transfers as set forth in the June 10, 1982 memo from Administrative Office attached as Addendum 1 to the minutes. 2. Adopted Resolution 82-94 designating the Board of Supervisors contractor for grant purposes and approving local arts plan; adopted Resolution 82-95 authorizing execution of California Arts Council grant in the amount of $4,007.51; and the Chairman authorized to sign. 3. Approved permit to provide fireworks display at Silver Dollar Fairground July 4, 1982 by Red Devil Fireworks Company. 4. Cancelled Armin Speckert agricultural preserve contract (Land Conservation Act agreement) for AP 56-21--57 in accordance wi th Section 512$2.5. of the Government Code. 5. Approved contract change order No. 5, Supplement 1 that provides for specifying working days for CCO No. 5 with no costs involved; contract change order No. 12 in the decreasing amount of $45,865 providing for elimination of Type 27 barrier railing; contract change order No. 14, in the increasing amount of $4,000 providing for various changes in the road approach construction; contract change order No. 15 in the decreasing amount of $91.24 providing for an adjustment in costs for prestressing; contract change order No. 16 in the decreasing amount of $1,764 providing for eliminating a wheelchair ramp and revising the concrete curb and gutter; contract change order No. 17 in the increasing amount of $239.55 providing for a separate electrical circuit for lighting the old bridge; on Table 'Mountain Boulevard Bridge Project No. 28491-76-1 and the Chairman authorized to sign. 6. Accepted the work of Robinson Construction Co ., Inc. for th.e Lower Wyandotte Road Project No. 23511-79-1; authorized the Chairman to sign the notice of completion and directed the Clerk to record said notice with. the Recorder. 7. Set a public hearing date of June 24, 1482 at 10:30 a.m. fox consideration of proposed increase in building permit fees to reflect increased costs due to new energy regulations. ADOPT RESOLUTION 82-46 SETTING PUBLIC HEARING DATE ON NOTICE OF INTENT TO FORM ADULT DAY HEALTH CARE COUNCIL Discussion of formation of the Adult Day Health Care Council held at this time. Several Board members had concerns that this would be an overlapping of services. Page 121. • June 15, 1482 8 2- June 15, 1982 - The purpose of the putilic hearing is to Ye.ceive input relative to the proposed formation of the council. At the. time o~ the hearing, the Board would express concerns, about this program. On motion of Supervisor Moseley, seconded by~5upervisor Saraceni and unani:7nously carried, 'Resolution 82-•96 setting a public hearing date of July 13, 1982 at 11:00 a.m. for notice of intent to form an Adult Day Health Care Council for the purpose of investigating the possible development of an Adult Day Health Care Center was adopted and the Chairman authorized to sign. CONSIDERATION OF RESOLUTION SETTING OFFICE HOURS FOR THE BUTTE COUNTY LIBRARX SYSTEM REFERRED BACK TO ADMINISTRATIVE. OFFICE TO 'MEET WITH LIBRARIAN 988 Allan Ochs, Paradise Library, spoke regarding the proposed office hours. He felt there was a mistake in the resolution since there were no hours for Thursday under Oroville and Paradise Libraries. The employees were concerned about the proposed winter hours in which staff would have to work a six-day week every other week and be present on Saturday. He was concerned with the hours for Saturdays and whether two staff members would be sufficient during the winter. With this proposal the three major branches will be open 34 hours, when the Administrative Office proposal was for the branches to be open 30 hours. The matter was referred back to the Administrative Office to meet with the Librarian on the concerns and to bring the matter back to the Board. WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENTS LMPLEMENTTNG PERSONNEL ACTIONS INDICATED IN PROPOSED BUDGET: PERSONNEL DIRECTOR INSTRUCTED TO CONTACT LAW ENFORCEMENT UNIT On motion of Supervisor Fulton, seconded by Supervisor Saraceni and unanimously carried, the Personnel Director was directed to contact the Law Eitfvrcement Association and discuss with them any issue they may deem pertinent relative to the MOU, and possible reopening of the contract to allow for meet and confer. 989 Chairman Wheeler presented the update on the lay off process for the county employees effected in the budget process. As a result of budget actions they calculated there were 133-1/2 positions deleted out of 1030.65 positions. There were 12.75 positions added back into the budget throught shifting of budgets with a net total-of,positions of 959.59. This is about an 11 percent reduction in the county work force. The total positions delted is about 120 positions and of. those 120 positions there were a total of 49-lay off notices sent. There are approximately seven positions that are vacant due to retirement and will be termed lay offs, with a net long term lay off of county employees of axound 41 positions. Clay Castleberry, public works director, set out his proposal relative to the Buildings and Grounds F2ivision. He has three people who will be retiring by September and would like to retain three positions until that time and then issue lay off notices effective in September. He felt this would be considering long term employees. This would be to allow two positions to be kept from two months longer and for one positions to be retained for three months longer. It was moved by Supervisor Saraceni., seconded by Sup ervisor•~'Moseley that the first reading ;of .the salary ordinance. amendmezik implementing the personnel actions indicated in the proposed budget with. the change of the three positions" in the Buildings and Grounds budget as proposed by Public Works Director be waived. Page 122. June 15, 1982 8 2- ~I June_ 15, 1982>: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ T = - _ _ _ _ _ - - _ _ _ _ _ _ - Motion amended to delete portion of the salary ordinance amendment ^elative to the Sheriff`s- Department. Vote on motion: . AYES; Supervisors Dolan, Fulton, Moseleyy Saraceni and Chairman Wheeler NOES: None Motion carried. 990 99.1 992 993 On motion of Supervisor Moseley, seconded by Supervisor Fulton and unanimously carried, the first reading of the salary ordinance amendment implementing personnel actions indicated in the proposed budget for the Sheriff's Department was waived. ADOPT RESOLUTIONS 82-97 & 82-98 ESTABLISHING APPROPRIATIONS LIMITS FOR COUNTY OF .BUTTE AND SPECIAL DISTRICTS UNAER BOARD'S CONTROL FOR FISCAL YEAR 1982-83 On motion of Supervisor Saraceni, seconded by S•uperoisor Fulton and unanimously carried, the following resolutions-were adopted and the Chairman authorized to sign: 1. Resolution 82-97 establishing appropriations limits for the County of Butte for fiscal year 1982-83. 2. Resolution 82-98 establishing appropriations limits for the special districts under the Board's control for fiscal year 1982-83. SUPPORT BUTTE COUNTY FAIR CASH FLOW FROM GENERAL FUND UNTIL MID AUGUST WHEN FAIR REVENUES WILL INCREASE TO ALLEVIATE NEGATIVE CASH FLOW SITUATION On motion of Supervisor Moseley, seconded liy Supervisor Saraceni and unanimously carried the Butte County Fair cash flow was supported from the General Fund until mid August when Fair revenues will increase to alleviate the negative cash flow situation. APPROVE CONTRACT AMENDMENT TO OROVILLE AREA TRANSIT CONTRACT On motion of Supervisor Dolan, seconded by Supervisor Fulton and unanimously carried, the contract amendment to the Oroville Area Transit contract with Oroville Bus Lines to extend the agreement through June 30, 1983 and increasing compensation to $16.05 per vehicle hour of service at a net cost to Butte County projected to be $45,600 comprised of $12,287 in SB 325 funds and $33,313 in SB 620 funds was approved and the Chairman authorized to sign. ADOPT RE56LUTTON 82-99: APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Saraceni, seconded by Supervisor Fulton and unanimously carried, the following action was taken: 1. Approved contract amendment to Paradise Express contract for fiscal year 1982-83 with the Town of Paradise which would continue this agreement through June 30, 1983 and provide for payment of $3,700 to Butte County Public Works for administration of the contract and the Chairman authorized to sign. 2. Approved revised transit claim for fiscal year 1981-82 which revises the amount of SB 325 and SB 620 funds requested from BCAG for bus systems only based on the latest estimate of expenditures through June 30, 1982 for a total of .$12,287 in SB 325 and $141,610 in SB 620 funds. Page 123. June 15, 1982 8 2- 994 99 5 _ _ _ June 15, 1982 __ _________ __ 3. ,Approved transit clai'tn for fi•s.cal year 1982-83 requesting^SB 325 and SB.620. funds: front SCAG for the fiscal-year 1982-83 operation, of all public and special services transportation in which. Butte County participates with a total of $284,402 in SB 325 funds and $163,298 in SB 620 funds.:being requested. 4. Adopted resolution 8 299 authorizing tTi.e Director of Public Works to enter into and sign subsidized taxi. ticket sales agreements on behalf of the Board of Supervisors and the Chairman authorized to sign. 5. Approved contract amendment to Oroville Express contract which extends the agreement with Oroville Bus Lines through June 30; 1982 and increases compensation to $2.55 per ticket for regular tickets and to $7.00 per ticket for wheelchair van tickets with a net cost to Butte County projected at $54,228 to be funded with SB 325 funds and the Chairman authorized to sign. AUTHORIZE PURCHASE OF PUBLIC WORKS ROAD EQUIPMENT On motion of Supervisor Moseley, seconded by Supervisor Saraceni and unanimously carried, purchase of a roller with trailer at a cost of $10,685, a tilt trailer at a cost of $8,495 and a stencil truck at a cost of $29,590 for a total cost of $48,773 was: authorized for the Public Works Department. MOTION TO DESIGNATE OROVILLE OFFICE AS VETERANS SERVICE OFFICE INSTEAD OF CHT:Cfl OFFICE FAIL5 Discussion of the Veterans Service Office location held at this time. Mike Pyeatt; interim administrative officer, set out the workload statistics for six months in the Oroville and Chico offices. He asked for clarifcation of the location of the office to remain open. Supervisor Fulton could see no reason to change the designation of the Chico office. The veterans he has talked to feel Chico is the best location, there is transportation access to Chico and it would be abetter location if there were a tri--county office. There is also the advantage of using work study students if the office were in Chico which is not possible in Oroville. Supervisor Saraceni felt that the workload statistics show that Oroville is the office that receives the largest number of calls .and people. He felt that this should be given consideration. Supervisor Dolan felt the statistics. for the Oroville office could be because the files were maintained at the Oroville office. This could have an effect on the numbers of people coming to Oroville. Chico is a larger population area and has direct bus transportation to Paradise. There are also agencies in the Chico area which have notified the county, they will assist with outreach. It is important to have a facilities that will aceomodate the handicapped. It was moved by Supervisor Saraceni, seconded by Supervisor Moseley that due to the fad that the Oroville Veterans Service Office has the largest percentage of people attending that office that the Oroville office be designated as the main and only Veterans Service Office in the county. Vote on motion: AYES: Supervisors Moseley and Saraceni, NOES: Super•v% ors Dolan, Fulton and Chairman Wheeler Motion faias. Page 124. June~15, 19.82 8; 996 997 998 June 15, 1982---- ______________ RECESS; 9.57 .a.m. RECONVENE; 10,13 a.m. AUTHORIZE'I'hIMEDIATE PURCHASE OF xEROX 1''OR ASSESSOR On motion of Supervisor Dolan, seconded lay Supervisor Fulton and unani~tnously carried, the i~nediate purchase of a Xerox 740 unit in the amount of $4,662.9.4 ,for the Assessor's Office- was authorized. ADOPT ORDINANCE 2289: INTERIM "A-40" ZONE .FOR PLACER SERVICB CORPORATION P PROPERTX LOCATED ON NORTH HONCUT`CREEK NEAR COX LANE Bettye Kirsher, planning director, set out the request by Placer Service Corporation to have their property located on North Honcut Creek near Cox Lane interim zoned "A-40" from "A-5" zoning. The request is to enable exploration for mining purposes. There are in excess of 1,070 acres involved and almost all the parcels are under Land Conservation Act agreements. Time was spent discussing whether some of the other "A-5" zoning in the area could be incorporated in this interim. No action was taken on additional properties under the "A-5" zoning. Oa motion of Supervisor Saraceni, seconded by Supervisor Moseley axed unanimously carried, the property for Placer Service Corporation located on North Honcut Creek near Cox Lane was interim zoned "A-40" (agricultural - 40 acre parcel) zoning for a period of 120 days; Ordinance 2289 was adopted and the Chairman authorized to sign. PUBLIC HEARING: BUDGET TRANSFER, FIRE PROTECTION The public hearing on budget transfer, Fire Protection was held as advertised. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 999 On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the following budget transfer was approved: B-213 - Fire Protection. Appropriates $14,600 of unanticipated revenues from deposit trusts to install fire hydrants in water districts serviced by OWID, TID and California Water. PUBLIC HEARING: BUDGET TRANSFER BUILDINGS AND. GROUNDS MAINTENANCE ISF The public hearing on Buildings and Grounds Maintenance ISF (budget transfer 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 Fulton, seconded by Supervisor Saraceni and unanimously carried, the following budget transfer was approved: B-212 - Buildings and Grounds Maintenance ISF. Proposed is the transfer of $2;000 from the appropriation for contingencies, General Fund, for the purpose of repairing padding in the Butte County Tail and Juvenile Hall padded cells. Page 125. June 15, 19$2 June 15, 1982 82~ 1000 PUBLIC HEARING; GERALD LUGENBEEL PROPOSED NEGATIVE DECLARATION AND APPEAL V OF APPROVED USE PERMIT TO .ALLOW-HOME OCCUPATION WHICH MAY BE OBJECTIONABLE BY REASON OF NOISE, AND A VARI~INCE TO THE SIDEXARD SETBACK TO ALLOW A STUDIO THREE FEET FROM PROPERTY LINE AND A TOOL SHED AT PROPERTY LINE, ON PROPERTY ', ZONED "A-ld" (AGRICULTtfRAL - 10 ACRE PARCELS), LOCATED ON THE NORTHEAST CORNER OF ELK AVENUE AND PIERCE AVENUE, APPROX: THREE 'MILES SOUTHWEST OF CHI CO The public hearing on Gerald Lugenbeel proposed negative declaration ', and appeal by Archie and Ruth Paterson of an approved use permit to allow a home occupation which nay be objectionable by-reason of noise, and a variance ', to the sideyard setback to allow a studio three feet from the property line and a tool shed at the property line, on property zoned "A-10" (agricultural - ', 10 acre parcels), located on the northeast corner of Elk Avenue and Pierce Avenue, approximately three miles southwest of Chico was held as advertised. Bettye Kirsher, planning director, set out the background of the appeal. She presented photographs to the Board at this time. The noise levels have not been achieved as of the last testing that was done. Hearing open to the public. Appearing: ', 1. Neil McCabe, representing Mr. and Mrs. Archie Paterson. Mr. ', McCabe set out the documents that were presented to the Board as exhibits at this time: Exhibit 1. Letter and petition from Mr. and Mrs. Paterson Exhibit 2. Staff report dated December 16, 1981 Exhibit 3. Letter from Gerald Lugenbeel dated October 5, 1981 to concerned agency. Exhibit 4. Planning Commission minutes dated December 16, 1981 Exhibit 5. Memo from Zoning Investigator dated March 16, 1982 Exhibit 6. Planning Commission minutes dated March 17, 1982 Exhibit. 7. Memo from Environmental Health dated May 5, 1982 Exhibit 8. Planning Commission minutes dated May 6, 1982 Exhibit 9. Memo from Environmental Health dated May 12, 1982 Exhibit 10. Planning Commission minutes dated May 13, 1982 Exhibit 11. List of firings of furnace and oven prepared by the Patexsons. Exhibit 12. Letter from Bill and Ne11 D. Cottingham dated June 3, 1982. Mr. McCabe summarized the concerns by Mr, and Mrs. Paterson which included safety, noise and traffic. They were concerned that Mr. Lugenbeel would not meet the requirements of the conditions even after they had been imposed. He could not see how the Planning Commission could make the findings when the documented noise levels exceed those allowable in the General Plan. The furnace is being used at this time and there is no wall that has been constructed. He felt the problems could have been avoided if the permits had been sought timely before construction was started. Supervisor Dolan would like an opportunity to meet with the applicant on this matter. Supervisor Fulton questioned Counsel on the Board's ability to require the applicant to cease and desist until such time as he was in ** ', compliance with all the conditions. Del Siemsen, county counsel, advised that xhe applicant would be in violation of the zona.ng.if'the use permit were denied and-the county could proceed on a zoning violation. The applicant is technically in violation of the zoning without compliance of the use permit and variance. If this is continued, the Board could notify the applicant to stop processings. Page 126. June 15, 1982 June 15, 1982 B Supervisor Dolan suggested that someone in the county call the applicant and advise him that the Board is considering his application and did not want him to izse the studio .until the application is approved or denied. The record indicates the applicant was told that before. Ms. Kirsher advised that they tried to get voluntary compliance from the applicant. Until the Board takes action there is no way to get into litigation and therefore, it would almost have to lie voluntary compliance. Supervisor Dolan asked that the matter could be continued so she could check out the information relative to whether the masonry wall would stop the noise. Staff directed to contact applicant and ask him to cease and desist and to attend the next meeting if at ail possible. The hearing was continued to June 22, 1982 at 10:00 a.m. 1001 PUBLIC HEARING: MARION GARBIS APPEAL OF DENIED TENTATIVE PARCEL MAP, AP 54-05-61, FOUR PARCELS, ON ALTA TINA DRIVE, 1/2 MILE NORTH OF TEN MILE Ei1>7USE TRAIL, FOREST RANCH AREA The public hearing on Marion Garbis appeal of denied tentative parcel map (item on which an EIR was requested), AP 54-05-61, four parcels, on Alta Tina Drive, 1/2 mile north of Ten Mile House Trail, Forest Ranch area was held as advertised. Clay Castleberry, public works director, set out the background of the appeal. This deals with further divisions in the Highway 32 area and meetings with Caltrans on concerns without meeting proper access to this area. Caltrans has asked that the road access not be improved until someone goes with ;an EIR and public road approaches. Del Siemsen, county counsel, advised that the problem is the state is saying that public road approaches are county projects and require environmental study. Previous Board's did not fund environmental studies for public road approaches and approved prior parcel maps. The state will no longer look favorably at the use of field purposes for access to land on both sides of Highway 32. Bettye Kirsher, planning director, stated the project was further compounded with the information from the Department of Fish and Game relative to concerns of development of key winter migratory areas. There are recommended mitigation measures that should be considered in light of this additional information. The entire project is before the Board and it is a little more than the access on Highway 32. She set out the previous Board discussions relative to Santos Drive and access of one foot for Santos Drive to touch the state maintained road. At that time, the Board determined there should be an EIR done but they would not finance the study as it should be done by interested property otaners. It was her understanding that efforts on behalf of the applicants is that they have not been successful at this time. Tf there were adequate area for leach fields and replacement the map could probably be rearranged to allowed for the deer herds. Hearing open to the public. Appearing: Russ Croninger, Ringel and Associates, representing Marion Garbis. Mr. Croninger was appealing the decision of the Advisory Agency on the basis that it had previously been stated that a project cannot be denied based on the conditions of another agency. He has a project just shouth.of this project and that condition was omitted. He was. asking that the condition on the project ,read provide 6O--foot of access to Highway 32. This person is the key person (with one other person that they are working on with. Caltrans to provide Page 127. June I5, 1982 8 2- S 1002 June 15, 1982 ___ ________ = R ~ ~ _ _ _ _ _ _ _ _ - _ _ _ _ - - - - - _ ~ _ - - - access for this area and have discussed an EIR on the mitigation concerns of Alta Tina Drive. This is just north of Santos Drive, 1,300 feet. off the road and has four or five houses-next to Highway 32. If the denial is because he could not have ,the condition placed on the -map, how could he proceed? If the project is denied what was going to be done for environmental impacts. The Planning Directors report spoke to comments from state agencies relative to the fact that private applicants cannot file for road access. rIr. Castleberry advised that if the.applicant would get together to provide all the fees and costs for the environmental study, the county would make application to the state for road access. Mr. Croninger suggested that the hearing be continued so that he could meet with Public Works andCounty Counsel to discuss the wording on the condition. The hearing was continued to June 22, 1982 at 10:45 a.m. PUBLIC?HEA'RING: FORMATION OF COUNTY SERVICE AREA N0. 85, CARRIAGE MANOR (STREETLIGHTING~ ' The public hearing on formation of County Service Area No. 85, Carriage Manor (streetlighting) was held as advertised. Hearing open to the public. Appearing: Wayne Newman. Mr. Newman questioned the size of the county service area and how many lights there would be in the area. Clay Castleberry, public works director, set out where the street lights would be located .s, The hearing was continued to later in the meeting. 1003 PUBLIC HEARING: HARRY KOENIG AND PAT GATES APPEAL OF CONDITIONS ON TENTATIVE PARCEL MAPS FOREST RANCH AREA The public hearing on the following items was held as advertised: 1. Harry Koenig appeal of condition 11 and 17 on tentative parcel map, AP 63-12-04 (portion), dividing 21.7 acres to create four parcels on 6.6 acres and three at more or less five acres located on the southwest corner of A. J. Stohr Road and Forest Ranch Road, Forest Ranch area. 2. Pat Gates appeal of condition 15 and 16 on tentative parcel map, AP 63-12-12 dividing 23 acres more or less to create four 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. The hearings were continued to June 29, 1982 at 10:30 a.m. 1004 1005 DISCUSSION TO SUPPLEMENT ENVIRONMENTAL IMPACT REPORT FOR JOHN D. DRAKE AND HOWARD ISOM REZONE CONTINUED_ TO JUNE 29, 1982 The discussion on supplementing the EIR for John D. Drake and Howard Isom rezone was continued to June 29, 1982. APPEARANCE: JAMES HURST Mr. Hurst asked permission from the Board to remove the flag pole in front of the County building i.n Paradise since it has never had a flag on it and relocate it at the entrance to the County Center. He would be happy to donate the flag. The cost would be~minimal to the county in the relocation of the pole because of volunteer work by the veterans. They would like to build a monument to Supervisor Lemke. Page 128. June 15, 1982 8 2-, ji 100b1 1007 10081 10091 1010 I 1011 --______--===June 15:1982___________________ On motion of Supervisor Moseley-, seconded by Supervisor Fulton and unanimously- carried., James Hurst~s proposal to dedicate a flag pole in front of the county building to former Supervisor Lemke was accepted. REQUEST FOR RELIEF FROM HIRING FREEZE FOR PROBATION DEPARTMENT CONTINUED TO JUNE 24, 1982 The request for relief from the hiring freeze for the Probation Office for 2.5 positions was continued to June'29., 19$2. DISCUSSION OF CHARLES NEEL EXTENSION OF INTERIM "C~-2" (.GENERAL COM[~RCIAL) ZONING Discussion of Charles Neel extension of interim "C-2" (general commercial) zoning was held at this time. Bettye Kircher, planning director, advised that the Board would be making a decision on the zoning proposal for this property next week. No action was taken xelative to the extension of the interim "C-2" (general commercial) for Charles Neel. DISCUSSION OF RUDDY CREEK DRAINAGE BASIN AGREEMENT WITH CITY OF OROVILLE CONTINUED FOR 30. DAYS Consideration and discussion of an agreement between the City of Oroville and Butte County delineating drainage basin responsibilities in the Ruddy Creek drainage basin was continued for 30 days. CONSIDERATION OF WAIVING OF FIRST READING OF ORDINANCE IMPLEMENTING "K" CODE HOUSING HELD AT THIS TIME Consideration of waiving the first reading of the ordinance implementing "K" Code housing was held at this time since Counsel is still working on the ardinance. PUBLIC WORKS DIRECTOR INSTRUCTED TO APPLY ONE-FIFTH OF DRAINAGE ASSESSMENT FOR A PERIOD OF FIVE YEARS TO TkIE ARTHUR B. WIGGTNS BUILDING PERMIT FOR AN AUNT MINNIE WITH AN AMENDMENT TO BE BROUGHT BACK Report Eo the Board concerning the Arthur B. Wiggins drainage assessment on a building permit for an Aunt Minnie given by County Counsel. Del Siemsen, county counsel, reported that the Board would be required to provide for relieft, if they wished to do so and it would be necessary to amend the fee resolution that was adopted by the Board. Clay Castleberry, public works director, set out how the fees could be handled on an Aunt Minnie situation. Tlie fee could be paid with the renewal fee for the Aunt Minnie each year for ,a period of five years. He would bring back an amendment if that is what the Board wanted him to do. On motion of Supervisor Saraceni, seconded by Supervisor Moseley and unanimously carried, Public Works Department was instructed to use a ratio of one-fifth share per year for a period of five years for the Arthur B. Wiggins building permit drainage assessment and to bring back an amendment to the fee resolution to implement this policy for all Aunt Minnie requests. MOTION TO WAIVE SECOND READING OF ORDINANCE TO AMEND BUTTE COUNTX CODE SECTION 24 TO PRQVIDE FOR THE CONSIDERATION OF "CONDITIONAL ZONING" WITHDRAWN Bettye Kircher, planning 'director, reported on the proposed amendment to the Butte County Code Section 24 to provide for the consideration of "conditional zoning". The Planning Commission will be considering this type of zoning with an application this week. She wondered whether the Commission could hear this matter in light of the proposed ordinance when there is not an ordinance in effect at this time. Page 129. June l5, 1982 8 2> '.1012 '1013 '1014 '''1015 ' _ _ _ _ _ _ - _ _ _ = Jane 15, 1982 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chairman Ldheeler adyised that the Board had received a request for changes from the Land Development Commission. Ms. Kircher replied that the concerns of the Land Development Commission were questions on timing and language in the ordinance with exception of the 90 days which. is language out of the Government Code. Supervisor 5araceni had problems with having conditional zoning. There are conditions already imposed on everything. Ms. Kircher set out what the requirements were for responding to comments from state agencies. These comments have to b.e responded to by the approving body and the Planning Department is required through CEQA to bring the comments forward to the Board. Tfie Subdivision 1~fap Act provides and requires that any time an area of concern in wildlife and habitat is identified, the subdivision is to be denied. Unless the Board directs the Planning Depart- ment and staff in looking at the process the ignore the concerns by state agencies, they will be responding on those concerns. She did not view this xis conditional zoning. They see many impacts that are pointed out in the environmental process that might not be mitigated if this process is for zoning and there would have to be overriding eonsideratings. Supervisor 5araceni understood that the Planning Department had to advise the Board if they are told by state agencies there is a problem. The applicant would have to go through a complete appeal process and then an EIR to prove something that the state agency is not even sure about. He felt that with conditional zoning a pp.rson would not have a chance to do anything with their property. It was moved by Supervisor Wheeler, seconded by Supervisor Fulton that the second reading of the ordinance amending the Butte County Code Section 24 to grovide for the consideration of conditional zoning be waived; that the ordinance be adopted and the Chairman authorized to sign. Discussion of whether the Planning Commission had considered conditional zoning held at this time. Ms. Kircher advised that this was on the Planning Commission's agenda for June 10, 1982 to be discussed and was continued to this week. Motion withdrawn and the matter to be tabled until such time as the Planning Commission reviews it. APPOINTMENT TO THE GR L HALL COMMITTEE CONTINUED TO JUNE 22 Appointment to the Gridley Memorial Hall Committee was continued to Tune 22, 1982. PPOINTMENTS TO THE BIGGS MEMORIAL HALL COMMITTEE CONTINUED TO JUNE 22, 1982 mm Appointments to the Biggs Memorial Hall Committee were continued o June 22, 1982. APPOINTMENTS TO THE PARADISE MEMORIAL HALL COMMITTEE On motion of Supervisor Fulton, seconded by Supervisor Saraceni and unanimously carried, the following were appointed to the Paradise Memorial Hall Committee- Halsey F. Fink, John Tucker, representing the Retired Officers Association APPOINTMENT TO THE BUTTE COUNTY COUNCIL OF SENIOR CITIZENS On motion of Supervisor 'Moseley, seconded by Supervisor Saraceni and unanimously carried, Clancy Stute was reappointed to the Butte County Council of Senior Citizens Page 130. June 3.5, 1982 $ z"1016 ~' _____--_-_~ June 15,-1982___________________ COPT RESOLUTION 82-100; PUBZIG"HEARING: T'ORMATION OF COUNTY SERVICE AREA 85, The public fiearing on the formation of County Service Area 85, iage 1°fanox (streetlighting) was held. as continued:.. Bill Turpin, LAFCo, set out the~map of the proposed County Service ea 85. This would cover Carriage 1~Ianor Subdivision and four existing ~hts on Monte vista. Hearing open to the public. Appearing: 1. Mr. Newman indicated that tile map showed everything as being tatus quo. He wondered if the map showed additional fights. The existing fights would be fine and there are other areas where the lights should be ut in. Hearing closed to the public and confined to the Board. On motion of Supervisor Saraceni, seconded by Supervisor Moseley d unanimously carried, formation of County Service Area~85, Carriage Manor treetlighting) was approved; Resolution 82-100 was adopted and the Chairman thorized to sign. 1017 (REPORT BY SUPERVISOR DOLAN RE: RESEARCH OF AB 90 APPLICATION FOR FUNDS PULLED Supervisor Dolan asked that the report concerning the research of 90 application for funds be pulled from the agenda since it was her erstanding that it would come forward with the proposed budget. 1018 SOLUTION IN OPPOSITION TO AB 3480 MEDICALLY INDIGENT ADULTS (MIA) PULLED ROM AGENDA SINCE ADOPTED LAST WEEK Consideration of the resolution in opposition to AB 3480 which ransfers to counties responsibility for medically indigent adults (M.I.A.) as pulled from the agenda since it was adopted last week. 1019 ISCUSSION OF CSAC ASSESSMENT TO FINANCE RENOVATION OF SACRAMENTO BUILDING ONTINUED UNTIL CSAC BOARD OF DIRECTORS MEETING Discussion of County Supervisors Association of California assessment o finance renovation of Sacramento building was held at this time. Chairman Wheeler advised during helast vote taken on this matter CSAC she voted no. They discussed the possibility of sanctions but were t specific in their consideration of this because several of the large unties are holding out. This would be for a one--time assessment of $4,055 Butte County. The argument is that the building belongs to the counties the state and that through renovation they will be able to make enough ney to offset the cost of paying for the real estate, at the same time nsidering the possibility of paying back the assessment if there is fficient money. The matter to be held until after the CSAC Board of Directors eeting. 1020 ISCUSSION OF IMPACT OF PROPOSED 1982-83 STATE BUDGET ON COUNTIES Discussion of the impact on the proposed 1982-83'state budget on he counties was held at this time. Mike Pyeatt, interim administrative officer, set out the chart egarding the three diferent proposals which. would have an effect on the ounty's budget. He had sent the Board a CSAC memo dated June 9, 1982.:-iHe uggested that the Board ~i:ck one or two items for discussion as far as Page 131. June 15, 1982 8 2- _ June 15, 1982_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the impact to the budget. There are basically four items for comparison between the Governor's budget,-AB 3480. and SB 2093. He did not know which version to recommend that the Board support due to the trade offs involved. The four items he set out consisted of the M.I:A., motor vehicle in-lieu, business inventory and the deflator. Jim Johansen, auditor, informed the Board that if these items were forced on the counties there is Proposition 4 to fall back on and they could initiate a lawsuit to force compliance with, the Constitution. The loss of discretionaly funds would not allow for falling back on Proposition 4. If additional mandates were imposed, there would be support to refuse to accept the program. Mr. Pyeatt advised that the Senate version of the budget appears to favor the counties regarding the 1~S.I.A. program and the motor vehicle in-lieu funds. There would be less subvention with both-the Assembly and Senate versions than with. the Governor's version,:on the business inventory. The key items appears to be the deflator. With either the Assembly or Senate version if it triggers the deflator there is a potential of $2.1 million shortfall to the county. The Assembly version talks about saving the county's matching requirement for next fiscal year, which is something the Senate version does not have. Mr. Johansen shared the concern about putting a label on any of the versions. What they want is the one that will least impact the county. He felt that what wauld probably be done would be to stongly recommend that the Legislature not implement the deflator process. The deflator is in the Assembly version if the Legislature did not agree to increase in taxes. If they agreed to an increase in taxes it would not be there. They are talking about taking away .another $2.1 million to what they have already done in the county. He did not feel they could interpret Proposition 4 and that neither could they take away discretionary revenue. He did not see how they could interpret this to mean the counties had to pick up the M.I.A. program. If the Legislature were to adopt the Governor's tiudget and there was sufficient funding for the proposal, then the bill would probably contain the provision to not have a deflator. On motion of Supervisor Dolan, seconded by Supervisor Fulton and unanimously carried, the recommendations of the Auditor were accepted in that today is the deadline for adoption of the state budget, it is an onerous thing the county is facing and feel the state should cut back if they can; the county is against the deflator; and the county asks that they come up with something equitable. . RECESS: 12:08 p.m. RECONVENE: 1:44 p.m. CLOSED SESSION: The Board recessed at 1:45 p.m. to hold a closed session RECONVENE: The Board reconvened at 1:54 p.m. following a closed session *** 1021 COMMUNICATIONS James McNaughton. Mr. McNaughton submits his resignation as Executive Director to the Community Action Agency. See motion following communications. Robert A. Gulsman, Chico.. Mr. Glusman writes appealing the Advisory Agency's condition 8 (to provide permanent solution for drainages on tentative parcel map, •Al' 42x34-44, three parcels, on Cussick Avenue on the south side of Dead End Court, Chico area. Set for hearing July 13, 1982 at 10;30 a.m. Page 132. June 15, 1982 8 2',- 3', 1022 _ _ _ -June 15 ~ 1982 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Gerald Lugenbeel, Jr., Chico. Mr. Lugenbeel provides information on his request for a use permit for a studio/foundry, AP 34-7,8-31. Considered earlier in the meeting. Thermalito Trrigation District. Charles G. Allen, president, requests a waiver of building permit fees on the Thermalito Irrigation Reservoir project which. includes a $2 ..5 million water storage tank. Referred to Public Works and Counsel for a report back on Jane 22, 1982. Butte County Farm Bureau. Ed McLaughlin, president, requests the Board of Supervisors reopen the zoning hearings for the area of the county east of Gridley. Letter to be written explaining what happened during the process. Donald L. Lucas, Anchorage, Alaska. Mr. Lucas writes in protest to the volume of paperwork resulting from his request to cancel a Williamson Act contract affecting property owned in Butte County. Set hearing for July 13, 1982 at 10:45 a.m. to consider appeal of ETR requirement. Thomas A. McCready, Chico. Mr. McCready writes in support of the proposed Canyon Park Estates project and the relative rezone from "A-2" to "PA-C" and additionally requests his letter to be read into the record. To be kept for the files on this project. Archie & Ruth Paterson, Chico. The Patersons provide information regarding a use permit and variance permit on AP 39-18-31. Considered earlier in the meeting. Board of Supervisors - County of Sacramento. The Supervisors forward their Resolution 82-511 supporting benefit assessments for the American River Flood Control District and state maintenance areas. Referred to Auditor and Administrative Office for a recommendation on June 22, 1982. Plumas-Sierra Pomona G-range No. 18. Officers of the Grange provide all California legislators information on AB 3296 (timber yield tax). Referred to Assessor and Board committee members. Betty Gilbert, Oroville. Ms. Gilbert requests an investigation into her allegations of harassment and suggests the investigation be conducted by the Butte County Sheriff's Department. Referred to Administrative Office for review and direction to the Sheriff's Office. County Supervisor Association of California. Victor S. Pottorff, legislative representative, requests the Board's position on AB 801, AB 3672, both relating to agriculture. Referred to Agricultural Advisory Commission, Farm Bureau, California Women in Agriculture and Chamber of Commerce Agricultural Committee for input back to the Board. State Senator Ray Johnson. Senator Johnson provides information on transfer of funds from the Agricultural Fund and the Acala Cotton Fund as proposed in AB 1253. Information; no action-.-. taken. .,ACCEPT RESIGNATION OF JAMES MCNAUGHTON AS EXECUTIVE DIRECTOR OF CAA AND (APPOINT WILLIAT4 D. TH6kIPSON AS INTERIM CAA EXECUTIVE DIRECTOR On motion of Supervisor Saraceni, seconded by Supervisor Fulton and unanimously carried, the resignation of James McNaughton as Executive Director of CAA was accepted; William D. Thompson was appointed as interim Executive Director of CAA at the beginning step of the range. Page 133. June 15, 1982 82- 1023 $ ', 10241 _____-____= June 15, 1982=====-------------- ADDITIONAL MATTERS ~'P~iESENTED BY BOARD MEMBERS Supervisor Moseley discussed the Land Conservation Act agreements. She wondered if there was a burden to the county is. processing of the agree- ments. The county- does not have to have the Williamson Act agreements in the county. She wondered if the county was losing money on these items. Mike Pyeatt, interim administrative officer, advised that at the $190,000 figure there is staff activity involved in the Planning Department, Assessor's Office and Auditor's Office. He could not answer the question o£ whether it was to the county's benefit and could look into the matter. Supervisor Moseley felt there should be something to deter people from filing AssessmentAppeals applications-and then not showing up for their hearings. There is staff time involved in getting these matters ready for hearing. She would like to see a fee charged that would allow for refund of the person showed up for the hearing. The matter was referred to county Counsel to look into whether a fee could be charged for filing of the appeal to be refunded if the person shows up for the hearing. ' Supervisor Saraceni advised he had received a letter about a resignation on the Board of of the Pioneer Volunteer Fire Department. APPOINTMENT TO GRTDLEY MEMORIAL HALL COMMITTEE On motion of Supervisor Moseley, seconded by Supervisor Saraceni and unanimously carried, the following were appointed to the Gridley Memorial Hall Committee: Ray Roberts, senior citizens group George Alcock, Rotary Club ': 1025 APPOINTMENT TO BIGGS MEMORIAL HALL COMMITTEE On motion of Supervisor Moseley, seconded by Supervisor Saraceni and caxxied;>the fallowing were appointed to the Biggs Memorial Hall Committee: Ray Valverde, Veterans of Foreign. Wars Mark Webber, Veterans of Foreign'. Wars Ed Gauger, Veterans of Foreign Wars FranJc Mathauser, alternate, Veterans of Foreign Wars William Booth, North Valley Detachment of Marine Corps Jim Hayes, North Valley Detachment of Marine Corps Walter Bender, alternate, North Valley Detachment of Marine Corps 1026 1027 AYES: Supervisors Fulton, Moseley, Saraceni and Chairman Wheeler NOES: Supervisor Dolan ADDITIONAL MATTER PRESENTED BY BOARD MEMBER Chairman Wheeler advised that the Board had received the Legislative Alert from Larry Naake with the estimate of impacts proposed reductions relative to the state budget. APPEARANCE: HAL BROOKS Mr. Brooks presented the Board with information and made distribution to the press. ABJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 2:20 p.m. to reconvene on Tuesday, Tune 29, 1982 at 9:00 a.m. Page 134. June 15, 1982 June 15, 1982 82- ATTEST: ELEANOR If. B.ECKER, COUNTY CLERK. 3 and ex=officio Clerk of the Board of Supervisors j ~f of Supervisors Page 135. .Jenne '15, 1982