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HomeMy WebLinkAboutM072181~•~.; ~ 81- _a 2097 OF CALIFORNIA ) SS. OF BUTTE ) July 21, 1981 The Board of Supervisor met at 9:00 a.m. pursuant to recess. Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseleyo C1if Mickelson, administrative officer, by Mike Pyeatt, assistant administrative officer; Del Siemsen, acting county counsel; and Clark A, Nelson, county clerk-recorder, by Nancy Wilson, deputy clerko Absent: Supervisor Lemke Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Saraceni APPROVAL OF MINUTES On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the minutes of July'14, 1981 were approves] as mailed wtki the following corrections: Page 12, minute order 81-2037, paragraph 3: Supervisor Dolan questioned if state legislation requires the public notices and hearings be done by these type of legal notice ads. Page 18, minute order 81-20b4, paragraph 4: She did not know if we would want to zone it for mobiles on small lots because septic requirements would require large parcel sizes, Page 26, minute order 81-2084, paragraph 7: Supervisor Dolan felt a mechanism was needed to provide a means for the residents of Chapman'.:. area to reach a consensus on what they want, Some people like the area just the way it is and state they do not want to see any road improvements, sidewalks or drainage systems. Other people feel very strongly that these public works projects are important, A MAC would be the way to find a voice for Chapmantown, Page 26, minute order 81-2084, paragraph 9: HCD programs and people's own initiate. have greatly improved the homes in that area. Page 29, minute order 81-2087, paragraph 2: Delete "The Farm Bureau did not have a chance to respond to the Board regarding this matter," Add: She would ask farm organizations to respond to the bill and report to the Board, Page 29, minute order 81-2089, paragraph 3: Supervisor Dolan stated there were Eoacerns regarding the ordinance in the Gridley Biggs area where it is zoned "A-2" and whether that was an agricultural zoned Staff was directed to send copies of this information to all concerned departments and individuals. Page 29, minute order 81-2089, paragraph 2: Add: Due process of law on the ordinance will not take away the due process of law and people will have the right to civil action in a court of law. Page 32 to ref lee t: RECESS: The .Board recessed at -3:37~;pemq -to,, reconvene on Wednesday, July; 15.; 19$1 at 10:00 a.m, to meet in closed session, instead of Friday, July 17, 1981 at 9:00 e,m, .. •, _t~,, On .motion of Supervisor~~Dv~:an, .aeconded ~by..Supe-xvsor,Saraceni and, carried, ,the fol,lowi;ng was approved: , r -;. r Correct the minutes of June 23,,,1.9$1, minute,,;order 81.1,063,1 page ... Page • 440 July 21, 1981 81- a' 2098 !2099 '.2100 '2101 July 21, 1981 473, paragraph 5, line 16 regarding the Thomas White, archaeology mitigation measure on parcel map, AP 47-23-95, 96, 97 and 98 (old AP 47-23-79),.'four lots, property located on the northwest side of Keefer Road, adjoining Hegan- ridge Country Subdivision, north of Chico to reflect: to the fact that the Society may not have any funds in its treasury to hire specific people to do it should not be determinative of whether the Society or members of the Society can undertake the excavation and investigation; APPROVE DEPOSIT BY DEVELOPER FOR TAA~S OR SPECIAL ASSESSMENTS FOR CHERRYWOOD CONDOMINIUMS IN CITY OF CHICO On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the deposit by developer for taxes or special assessments in the amount of $900,08 for Cherrywood'~:Condominiums in City of Chico was approved, ADOPT RESOLUTION 81-163 AND 81-164 IN RECOGNIfiION OF ACHIEVEMENfi FOR RON BRtLV'DT AND NANCY DARBY FOR 4-H DIAMOND STAR On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the following was approved: la Adopted Resolution 81-163 in recognition o~ Ron Brandt for his achievements in Durham Parkview 4-H Club and obtaining the Diamond Star and the Chairman authorized to sign, 2, Adopted Resolution 81-164 in recognition of Nancy Darby for her achievements in Pine Ridge 4-H Club and obtaining the Diamond Star and the Chairman authorized to sign,. ADDITIONAL AGENDA ITEMS FROM BOARD MEMBERS TO BE ADDRESSED AT THE END OF THE DAY Supervisor Saraceni requested that item 26 on the agenda regarding consideration of contracts with the City of Chico and City of Cridley concern- ing library construction projects be-held before the adoption of the library facilities itemo Del Siemsen, acting county counsel, stated he had talked with Mro Blackstock and he was not aware it was being brought back this weeko There are no written contractso fihe library facilities item will be consider at 3:00 p,mo Both should be handled at the 3:00 p,m, time as Mro Blackstock has been handling alI of thiso SUPERVISOR WHEELER ABSENT AT THIS TIME ADOPT ORDINANCE 2233, RESOLUTION 81-165, RESOLUTION 81-166 AND ORDINANCE 2234 APPROVE ADMINISTRATION AND OPERATION, COMMUNTTY ACTION AGENCY, PUBLIC HEALTH AND PUBLIC WORKS On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the following Administration and Operation, Community Action Agency, Public Health and Public Works items were approved: Administration and Operation le Waived the second reading of a legal advertising ordinance repealing Section 25-2 of the Butte County Code relating to the size of print for legal advertising, which are set out in the Government Code; Ordinance 2233 was adopted and the Chairman authorized to sign, 20 Authorized fixed asset relief from responsibility for a postture (chair (asset ~~9972) and a side chair (asset ~~176) for the Planning Departmento 3o Approved/denied penalty abatement/change of ownership reports on the following: ae Approved Jerry Bo and Melina Stephens request on AP 041-49-0-025-0 ~'-~g€ 45 a July 21, 1981 July 21, 1981 z ~ ~ b, Approved Debra A, and Francis Deringer request on AP 036-56-0-040-0 c, Denied Morris and Ruth Benado request on AP o42-11-0-057-0 4o Approved workmen's compensation claims agreement for 1981-82 with Gates, McDonald in the maximum amount of $33,750 and is based upon the rate per claim increasing from $76 to $90 and the Chairman authorized to signo 5o Authorized destruction of records in the Auditor's Office pursuant to Government Code Section 26201: W-2 and employee quarterly summary, employee year-to-date earnings, PERS report, certified payroll, warrant register of payroll, and labor detail for the year 19760 60 .Adopted Resolution 81-165 for establishment of internal service fund for unemployment insurance pursuant to Government Code Section 25260 authorizing establishment of an interest bearing. internal service fund for unemployment insurance as required to meet State Controller`s guidelines and the Chairman authorized to sign, 7o Acknowledged notification from the Auditor for special district augmentation fund; a public hearing date set for August 4, 1981 at 11:15 a,mo; authorized notification of each legislative body of special districts not governed by the Board of Supervisors; and authorized publication o£ the notice not less than three days prior to the hearing, as required by AB 8, Community Action:AQencs So Authorized request for the Auditor to make payments under a contract approved by the State Office of Economic Opportunity for Community Action Agency utilizing county funds which will be reimbursed by the state for operation of a low income energy assistance program allowing for one time payments of $100 for utility bill assistance as August 31 is set for .contract termination dated Public Health 9o Approved variance renewal petition for Barry Rockwell to Sections 19-10 and/or 19-12 of the Butte County Code-for placement of a mobile home on AP 65-206-12, 6585 Baylaurel Drive, Magalia area, zoning: "RT1A" o 10, Approved variance renewal petition for Robert and Lois Drumm to Sections 19=10 and/or 19--12 of the Butte County Code for placement of a mobile home on AP 27-04-050, 6570 Sam Lynn Way, Oroville area, zoning: "A-5"o llo Adopted Resolution 81-166 giving intention of the county to apply for a contract with the State Water Quality Control Board to study ground water nitrate content in the Chico area, the state .agency is offering between $30,000 and $35,000 of federal monies under Section 208 of Public Law 92-500 and requiring no local match in order to review the problem which will be conducted in cooperation with the City of Chico, anal the Chairman authorized to signo l2, Approved prevention project agreement with the State Department of Alcohol and Drug Programs as well as a subcontract between the county and the North. Valley Parent Education Network (PEN) for operation of a prevention project to assist parents and families in developing skills at the family level to prevent and resolve drug abuse in the amount of $48,453 with no county match or expenditure; subcontract is with a multi county non-profit organization, North Valley Parent Education Network includes the counties of Butte, Glenn, Colusa, Yuba, Sutter and Tehama; and the~;Chairman authorized to sign; accepted the anticipated revenue; and approved the prevention project subcontract with the North Valley Parent Education Network and the Chairman authorized to sign the;~xbcontracto Page 460 ,7uly 21, 1981 July 21, 1981 Public Works 13. Waived the second reading of an ordinance amending Chapter 26B of the Butte County Code regarding platform requirements _with the Uniform Mechanical Code; Ordinance 2234 was adopted and the Chairman authorized to signs 14o Approved the deposit by the developer for taxes or special assessments which are a lien, but not yet payable in the amount of $925.33 for Watson Subdivision, Unit II; approved the final map for Watson Subdivision,. Unit II, 21 lots, AP 47-32-21, property located on the south side of Keefer Road, 4,000 feet west of Garner Lane, north Chico area; accepted easements described as 1, 2 and 3 of the owner's certificate as offered-for dedication; accepted the grant-in-fee right-of-way for Greenberry Lane, Goldenrod Way and Morning Glory Place; and the Chairman authorized to sign subdivision agreement. ', 2102 2103 210 15. Accepted the work bf., Buttie' Creek Rock Co. _for'Moicseman..Avenue, Project.No. 5818.5C-80-1;,authorized the Charms~- to.aign the-notice of completion and direct the clerk to record said notice with the Recorder. AYES: Supervisors Dolan, Saraceni and Chairman Moseley ,NOES: None ABSENT: Supervisors 75emkecand Wheeler PUBLIC HEARING DATE SET- -. ,. A public hearing was set for August 18, 1981 at 10:15 a.m. for consideration of a proposed negative declaration regarding environmental impact and rezone from "A-SR" (agricultural - suburban residential) to "PA-C" (planned area - cluster), property located on the north side of Sycamore Drive, between State Highway 99 and Mud Cxeek, identified as AP 44-O1-37 and AP 44-02-43, Chico for Jay M, Garner. SUPERVISOR WHEELER PRESENT AT THIS TIME PUBLIC HEARING DATE SET - REPORT TO THE BOARD A report to the Board on Gary Smith proposed negative declaration regarding environmental impact and denied rezone from "S-R" (suburban residential) to "R-3" (medium density residential), property located on the north side of Oak Way, approximately 500 feet west of State Highway 32, identified as AP 42-14-113, Chico was held at this timed Public hearing date set for August 18, 1981 at 11:15 a.m, for consideration of the denied rezones TABLED UNTIL LATER IN THE FETING WAIVING THE SECOND READING AND ADOPTION OF ORDINANCE ADDING SECTIONS 16-8, 34-1, 34-2, 34-3 AND 34-12 TO COUNTX CODE RELATIVE TO AGRICULTURAL NUISANCES There was a motion by Supervisor Wheeler, seconded by Supervisor Dolan, the second reading of an ordinance adding Sections 16-8, 34-1, 34-2, 34-3 and 34-12 to the Butte County Code relative to agricultural nuisances be waived; and the Ordinance be adopted and the Chairman authorized to signo There was a motion by Supervisor Saraceni to have a sunset clause became part of the ordinance whereby it automatically comes back for review. Supervisor Wheeler stated she was supportive of the sunset clause> There had been a great deal of time putting the ordinance together. Chairman Moseley stated she thought maybe agriculture people would be supportive of 12 months. Supervisor Dolan stated she was serious about the 20 year policy, .This ordinance calls for people being noticed. ', Page 470 July 21, 1981 July 21, 1981 Leo Battle, deputy county counsel, stated if they were going to put a sunset clause in the ordinance to not reflect a time period, The ordinance could be amended, They are in the process of putting together revisions to make changes ~o the subdivision maps and to Planning and Public Workso If they aregosngo.to e'=.year procedure implementation, he did not think it was long enough, He would recommend a mimimum of five years. Supervisor Dolan stated it was similar to zoning land in presenting a sunset clause on agriculture for one to five years. It is until the circumstances are changing Supervisor Wheeler stated they do have the ability to go back and change it. Supervisor Saraceni state3one or up to five years.owas acceptable, 2]_05 2106 Supervisor Wheeler asked that the matter be continued to later in the day. Motion to have a sunset clause part of the ordinance died for lack of a second. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the pYevioustmotion regarding waiving the second reading and adoption of ordinance be tabled until later in the meeting. ADOPT RESOLUTION 81-167 - SACRAMENTO AVPNiTE ASSESSMENT DISTRICT N0. 1 Del Siemsen, acting county counsel, stated this matter is the original assessment was approximately $17~000~too high. They are amending the assessment to,,a lowera:amoun~o It is for assessment Noo 71. On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, Resolution 81-167 amending Sacramento Avenue Assessment District No, 1, Assessment No, 71 was adopted and the Chairman authorized to sign. APPOINTMENTS TO COUNTY EMPLOYMENT AND TRAINING ADVISORY YOUTH COUNCIL AND CETAC On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following appointments were approved: County Emolovment and Training Advisorv Youth Council 2107 Dair-Tandy Ray Paulus CETAC Ray Paulus APPOINTMENTS TO THE PUBLIC DEFENDER ADVISORY COMMITTEE On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and carried, the following appointments were approved to the Public Defender Advisory Committees Donald Travers, Butte County Bar Association Robert Clusman, Barristers Association Jackie Mulholland, Community Action Agency Jane Dolan, Supervisor County Administrative Officer or his designated representative On motion of Superviso~;Aoian, seconded by Supervisor Wheeler and carried, the ratification for three nominations for term of one year_,was approved. Page 48< July 21, 1981 July 21, 1981 81 2108 CONTINUE TO JULY 28 1981 APPOINTMENT TO THE HOUSING ELEMENT TASK FORCE l ~': Continued to July 28, 1981 appointment to the Housing Element Task Forced 2109 DECLARE SEPTL~MBER 12 1981 AS VOLUNTEER FLREFIGHTER APPRECIATION DAY On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, declared September 12, 1981 as Volunteer Firefighter ', Appreciation Day, September 12, 1981 there is to be a picnic at the Durham Park for volunteers of the fire departments 2110 MOTION OF TNTENT TO FORD A MUNICIPAL AAVTSORY COUNCIL (MAC) FOR CHAPMANTOWN AREA OF CHICO Consideration of the formation of a Municipal Advisory Council (MAC) for the Chapmantown area of Chico was held at this timed Del Siemsen, act=ng county counsel, stated they are getting a legal description of the areao He asked that the mafiter be held one week in order to get a mapo Supervisor Wheeler stated she planned to vote in favoro She had looked into it very closely, There would be a minimal cost to the countye It is a town that has been forgotteno She felt it would encourage the ', people to become involved, Supervisor Dolan stated there would be little money from the county expended, There is the expense of letterEiead and stampso It should be no more than $500 a yearn It, is such a small geographic areao Volunteers could go from door to door in the area, Notices will be posted in various locationso She would like the Soard to pass` a motion of intento ', Supervisor Wheeler responded to Supervisor Saraceni's question, The Forest Ranch Association has a member from Planning staff attend their. meetings periodically, It is part of the process of doing their charged dutieso Supervisor Saraceni questioned the use of maps and various infor- mation expensed Tn the outline for MAC it indicates county staff will be made available for the meetings, Supervisor Dolan stated she does this in peoples living roomso It does not mean they provide seven copies for all memberso It is appropriate and necessary if there is to be a rezone or major development, This was done for the green line, Paradise area and in Gridley-Biggs for the General ', Plan changed ', ~uupervisor Saraceni stated he knew it had been done in the pasto Themhave been some groups that have not been able to get this material, In Thermalito the action group had to pay for their mapso Planning Commissioner Schrader brought maps he hado Staff coming would cut down on expenseso He felt there would be cost involvedo Supervisor Wheeler stated that is what government is all abouto She is in charge of her duties in the Third District, To provide these items is trying to maintain efficient management, The material is reusedo She questioned how they would get information if they do not distribute it to them, Supervisor Dolan stated it is a little bit of informationo She is aware they must keep expenses down, She felt this was a cost relative Page 490 July 21, 1981 July 21, 1981 _ _ _ g1- to her job, It is the price for citizen participation and to be involved in $' the government processo The people of that area have no voice in any decisions regarding their area. This would be a neighborhood level of government, It would be run and voted on by the people, There was a motion by Supervisor Dolan, seconded by Supervisor Wheeler, that a motion of intent to form a Municipal Advisory Council (MAC) based on the outlines presented; it will be a seven member council;- to be consolidated with the General Eiectionaand MAC will be advisory on issues as outlined for Planning and Public Works. Mike Pyeatt, assistant administrative officer, responded;.to Super- visor Saraceni's question of the cost in a special election, that there would be cost and it will be held during the general election. It will be just another block on the ballot. Supervisor Dolan stated if a candidate wished to insert a campaign statement it would be at their own expense. This will be on the ballot in just 2 out of 136 precincts, Eleanor 'Becker in Elections stated it is difficult to place a price tag an the amount, The county .pays for the expense of an election, She will not be asking for a budget for MAC. Supervisor Saraceni stated he had no problem with input9 community efforts and groups. He sees creating more government and bureaucracy. He sees no problem with groups getting together talking about areas they are living in, It is creating another form of governmento They are willing to listen at hearingso Supervisor Dolan stated it is the most important level of government they.can recognize and accept, She did not think it had to cost anything other than putting peoples name in an election that is costing the county whether this organization is formed or not, It would save money over controversial items. There is not an organized mechanism for the geople to talk and find out what the consensus iso Vote on motion: AYES: Supervisors Dolan, Wheeler and Chairman Moseley NOES: Supervisor Saraceni ABSENT: Supervisor Lemke Supervisor Saraceni stated he has talked and been around the countyo ', People in the federal government and throughout the United States are trying to cut back and get to the prospective people can afford, He sees creating additional burden. You can get together without funding, R'EGESS: 10:03 a,m. RECONVENE: 10:14 a.mo SUPERVISOR WHEELER ABSENT AT THIS TIME 2111 ADOPT KESOLUTION 81-168 - PUBLIC HEARING: KARL D, MAY ABANDONMENT 01` PUBLIC UTILITIES EASEMENT, PARADISE PINES COUNTRY CLUB N0. 1, LOT 64 The public hearing on the Karl Da May abandonment of public utilities easement, Paradise Pines Country C7.ub No, 1, Lat 64 was held as advertised, Beftye Blair, planning director, stated everything was in ordero ', Hearing open to the public. Appearing: No one, Hearing closed to the public and confined to the Board. Page 50, July 21, 1981 81- 3 2112 21131 July 21, 1981 a ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, Resolution 81-168 giving abandonment of public '_utilities easement, Paradise Pines Country Club No. 1, Lot 64 for Karl D, May was adopted and the Chairman authorizedti,to.sign. AYES: Supervisors Dolan, Saraceni and Chairman Moseley ABSENT: Supervisors Lemke and Wheeler PUBLIC HEARING: D. HARRISON PETITION FOR VARIANCE TO SECTIONS '19-i0 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 65-02-005, COUTOLENC ROAD MAGALIA AREA, BONING: "TM-5" The .public hearing on the D, Harrison petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 65-02-005, Coutolenc Road, Magalia area, zoning: "TM-5" was held as advertisedo Hearing open to the public, Appearing: No ones Hearing closed to the public and confined to the Board, On motion of Supervisor Dolan, seconded by Supervisor Saraceni and carried, the petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 65-02-005, Coutolenc Road, Magalia area, zoning: 'ATM-5" for Do Harrison for a period of one year was approved. AYES: Supervisors Dolan, Saraceni and Chairman Moseley ABSENT: Supervisors Lemke and Wheeler ' ADOPT RESOLUTION 81-169 - PUBLIC HEARING: ROAD NAME CHANGES PRIVATE ROADS IN PARADISR AND OROVILLE ADDRESS AREAS FOR ANNE CIRCLE (CENTERVILLE ROAD TO END) TO CHINA CAMP ROAD AND PONDEROSA WAY (BALD ROCK ROAD TO END) TO SAND CREEK DRIVE The public hearing on road name changes, private roads in Paradise and Oroville address areas for Anne Circle (Centerville Road to end) to China Camp Road and Ponderosa Way (Bald Rack Road to end) to Sand Creek Drive was held as advertised, order. Clay Castleberry, public works director, stated everything was in Hearing open to the publics Appearing: No one:o Supervisor Saraceni questioned if residents were in favor of the changes. Mr. Castleberry stated the requests were through petitions by the residents of the area. Hearing closed to the public and confined to the Board. On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, Resolution 81-169 renaming private roads in Butte County as follows was adopted and the Chairman authorized to sign: Existin Name Termini Proposed Name Anne Circle Centerville Road to End China Camp Road Ponderosa Drive Bald Rock Road to End Sand Creek Drive AY.SS: Supervisors Dolan, Saraceni and. Chairman. Moseley ABSENT: Supervisors -Lemke and Wheeler SUPERVISOR WHEELER PRESENT AT THIS TIME Page. 51, 3uly 21, 1981 ', July 21, 1981 g1-2114 ADOPT ORDINANCE 2235 - PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION, b AMENDMENT TO CHAPTER 24, SECTION 24-99 OR THE BUTTE COUNTY CODE TO ALLOW A SALES. TRACT OFFICE IN THE "A-SR" (AGRICULTURAL - SUBURBAN RESID~ITIAL) ZONE :, WITH A USE PERMIT The public hearing on the Butte County Planning Commission, amend- ment to Chapter 24, Section 24-99 of the Butte County Code to allow a sales tract office in the "A-SR" (agricultural - suburban residential) zone with ', a use permit was held as advertised, Bettye Blair, planning director, set out the background on the request. It is coming!:-,from the Planning Commission as the zone does not allow for-a sales office. Supervisor Dolan stated this was a zone specifically written by the residents in the area. The people came here in support, They knew what the zone was and iaanted to protect the integrity, She agreed they could go along with change to suburban residential zoning, but it is in an agricultural zone for single ;family residents. ', Ms. Blair stated the Soard should not change the name to suburban residential. They have an "SR" zone which has different livestock criterias, If they are going to consider livestock they must go back and chose which ', one they can work one. Most are working and are in the "SR" zone, because ', they did not adopt the ordinance, Supervisor Wheeler stated some people were very unhappy and she ', would like Planning staff to reconsider the "SR" zone. 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 Wheeler and carried, finding that the proposed project is categorically exempt °rom the provisions of the California Environmental Quality Act; find.ing_if 'is- in compliance:.with r~he General<Plan;--amendment to_ chapter 24,~ Section: 24-99_sof'_the'Bu€te County,Code~fo-allow_a-,sales'tract,office.in the. ', "A-SR";z.(agricul~ural c_auburbanuresi~dential)`'zone with a use permit was apprQv~d;- Ordinance-2235 was adopted;_and~the Chairman authorized to sign. AYES.: Supervisors Saraceni, Wheeler and Chairman Moseley NOES: Supervisor: Dolan ABSENT: Supervisor Lemke 2115. APPROVE PUBLIC DEFENDER CONTRACT Report on the Public Defender contract service proposals held at s timed Supervisor Dolan stated she had received a copy of the agreement From County Counsel's Office, Gilbert and Van Dervoort will handle cases in Chico, Gridley, Biggs and `;3wenile C ourt, Warren, Schroder and Mueller will handle Oroville, Paradise and Ssuperior G.ourt. The contracts call for $200,000 total price for one year beginning August 14tho She and Supervisor wheeler had made many telephone calls regarding this service, Regarding Jo. 9 dealing with prohibiting of private practice9 after a lot of discussion and a great deal of talking with representative of courts and people in the Legal fields and other positions, they are prepared to substitute No, 9 with the paragraph that was submitted by Gilbert and Van Dervoort which could allow the attorneys to engage in private practice providing there is io case under the Public Defender contract, On page 5, section 9, "Attorney represents and warrants to County that while this contract is in effect the performance of the legal services under this contract shall be the principle Page 52. July 21, 1981 July 21, 1981 gl_ and priority business of Attorneys" The attorneys will not be paid for .~' two multiple caseso This is one protection for the countyo There was concern whether they would really get the attention and> full time°.of the firmo They have established an advisory committee to monitor and hear complaints, She noted on Section 13, page 6 of the contract the effective date was August 15 until August 14, .1982., One line 25 it•should be August 140. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the contracts with Warren, Schroder & Mueller and G3.Zbert & Van' Dervoort in the amount of $200,000 per contract with changes in subsection ', 9 and change in $ection 13, notee`o.f termination shall be given 45 days prior ', to Auguste-l4, 1981. was:;approved and the•Chairman authori-zed-eto.sign.said contract 2116 ADOPT ORDINANCE 2236 - PUBLIC HEARING: BUTTE COUNTY BOARD OF SUPERVISORS, AMENDMENT TO BUTTE COUNTY CODE, CHAPTER 24, TO AI,LDW MOSII,E HOME ZIVING IN ', T3~E "R-N" (RESIDENTIAI, - NONCONFORMING) ZONFS, SPECIFICALZX TO AMEND SECTION 24-149A The public hearing on the Butte Covnty Board of Supervisors amendment to Butte County Code, Chapter 24, to allow mobile home living in the "R-N" {residential.- nonconforming) zones, specifically to amend Section 24-149A was held as advertisedo Bettye Blair, planning director, set out the background on the projecto It was brought forward from the Planning Commission to allow mobile homes in "ARM" nonconforming zoneso .Only in the south part of Oroville parcels are very small. The project is categorically exempt, ', Hearing open to the publico .Appearing: No one, ', Hearing closed to the public and confined to the Board, On motion of Supervisor Saraceni, seconded by Supervisor Dolan and carried, finding that the project is categorically exempt from environ- mental review;. finding that the project conforms to the General Plan; Ordinance 2236 amending the Butte County Code, Chapter 24, to allow mobile home living in the "R-N" (residential - nonconforming) zones, specifically to amend Section 24-149A was adopted and the Chairman authorized to signo 2117 COMMUNICATIONS GWS Enterprises, Inc „ Chicoo The firm, on behalf of Gary Smith, appeal the 'Planning Commission's denial of rezone from "S-R" (suburban - residential) to "R-3" (medium density residential), property located on the north side of Oak Way, approximately 500 feet west of State ', Highway 32, identified as AP 42-14-113, Chicoo Set for public hearing on August 18, 1981 at 11:15 aomo Zouisiana-Pacific Corporation, Orovilleo The corporation writes requesting a change of zoning from timber mountain to timber preserve zoning for property located in the northwest quarter of Section 12, T20N, R6E, Mount Diahlo Base and Meridian, Referred to Assessor and Planning Departmento Fran Newell, Magaliao Mso Newell writes in support of the activities offered by the Community Action Agencyo Information; Administrative.. Office to send copy to Community Action Agencya Rape Crisis Interventions The organization writes thanking the Board for granting $7,000 for their continued operationsa Information; no action takeno Ed Brown, assessoro The Assessor forwards a report on the secured and Page 530 I July 21, 1981 July 21, 1981 81- unsecured portions of the 1981-82 assessment roll with comparisons ~ to the 1980-81 roll,- Information; no action taken. Chico and Gridley Librariese 21 letters have been received in support of construction of the library facilities. Information; no action taken, Law Offices of Orrick, Herrington & Sutcliffeo The attorneys write requesting- '.. that Daniel Blackstock be engaged under a separate. agreement as special counsel to the county and the library corporation during the construction period of the two libraries to be financed by the ', corporation. Referred to Administrative Officeo Area Agency on Agingo The agency forward information concerning the reinstate- ', ment of former funding levels for programs and services for elders. Information; no action taken, State.Department of Water Resources. The department forward the amended billing statement for water master charges in the Butte Creek water master service area for 1981-82. Information; no action taken, ', Senator Ray Johnson, Senator Johnson forwards information with regard to the ', Department of Corrections letter concerning means of reducing ', prison populations. Referred to Gerald Lively and Correction Needs Assessment Committee, Senator Ray Johnson. Senator Johnson forwards information with relation to the county jail capital expenditure bond act of 1981 (SB 910), Referred to Gerald Liveley and Correction Needs Assessment Committee. U, S, Department of Housing and Urban Development. The department forwards its relocation monitoring report relating to the county's housing and community development activities since June 4, 1980 which have ', been determined to be in compliance with the rules and a-egulations of the Uniform Relocation Assistance and Real Property ;'Acquisition Policies Act of 19700 Information; no action taken, '** SUPERVISOR WHEELER ABSENT AT THIS TIME Robert Neil Schliesmayer, Orovilleo Mr. Schliesmayer writes requesting an ;:interim:zone-on AP:34-440-221'aztd 034-440-021.-8;"18 acres of'f-Olive Highway, zoning "AR", Oroville area, Referredr o"Planning for• report back next weeko Copies for Board members to be foxvrarded. 2118 ADOPT ORDINANCE 2237 - REPORT ON REQUEST OF WILLIAM T. AND SANDRA C. MALCOLM OR MOBILE HOME INTERIM ZONING AND REPORT ON REZONE STUDY FOR THE UPPER PALERMO/ T.OWA.R WVANDOTTR ROAD AREA The report on the request of William Te and Sandra C. Malcolm for nobile home interim zoning for AP 36-31-96, property located at 6085 Upper Palermo Road, Oroville area and report on the rezone study for the Upper Palermo/Lower Wyandotte Road area was held as continued, Bettye Blair, planning director, set out the background on the requesto They would like to be allowed to place a mobile on property with existing zone of "AR"o Mso Blair handed out maps .and information:. Her request last week on the rezone study was for "A-5" zoning in that area. Most of the parcels are five acres and are substandard, Percolation would limit the parcelso WHEELER PRESENT AT THIS; TIME Mso Blair stated the study by Planning Commission was to amend General .Plan, It will be some period of time before they will be back, Page 54. July 21, 1981 July 21, 1981 g~_ Supervisor Saraceni stated it was important to maintain the five 3' acre parcel area. The 'Planning Commissioners are getting more input to feelings of people in the area. He questioned if they could go ahead with the interim for the Malcolm's. Mso Blair stated they could go for an interim "ARMH" for a period of 120 dayso Supervisor Dolan stated she does not agree with the zone when physical factors in the area would prohibit it. Most parcels in the area ', are much largero ', There was a motion by Supervisor Saraceni, seconded by Supervisor ', Wheeler, to interim zone to "ARMH" for AP 36-31-96, property located at 6085 Upper Palermo Road, Oroville area for William T. and Sandra C. Malcolm for a period of 120 days; Ordinance 2237 ;be adopted and the Chairman authorized to sign. Supervisor Dolan stated they have done at least four to five interim "ARMH" zones. She felt it was a waste of time to keep approving interims when the area is under study. People will feel they are going to zone the area as "ARMH", It is misleading. Vote on motion: AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley ', ABSENT: Supervisor Lemke Motin carried. ', Supervisor Dolan stated she felt Planning staff report was to an interim "A-5'; while the General Plan change is a good zdeao The "AR" will prohibit mobileso An area needs to be zoned what is consistent, On motion of Supervisor Dolan, seconded by Supervisor Wheeler, to interim zone the area on the zoning map for the Upper Palermo/Lower ', Wyandotte Road area to "A-5" for study purposes, finding "A-5" is .necessary so people can have mobiles and the "A-5" is necessary while the study goes i on and more specifics can be defined, . Vote on motion: ', AYES: Supervisor Dolan and Wheeler ', NOES: Supervisor Saraceni and Chairman ,Moseley ABSENT: Supervisor Lemke Motion fails> Ms. Blair questioned if the Board should direct the Planning Commission immediately undertake consideration, it is before the Commission now, Staff could look into the entire area. They could refer to the amendment that is before the Commission now. ', 2119 CONTINUE TO JULY 28, 1981 AT 10:30 A.M. - PUBLIC HEARING: DAN-HAYS, SR., APPEAL OF REQUIREMENT FOR AN ENVIRONMENTAL IMPACT REPORT ON A GENERAL PLAN CHANGE TO AN INDUSTRIAL DESIGNATION AND REDONE TO "M-i" (LIGHT INDUSTRIAL), AP 40-I3-22,.23 AND 24, FOR PROPERTY LOCATED AT THE INTERSECTION OF PENTZ ROAD AND HIGHWAY 99-, SOUTH_OF-CHICO The public hearing on Dan Hays, Sr., appeal of requirement for an environmental impact report on a General Plan change to an industrial designation and rezone to "M-1" (light industrial), AP 40-13-22, 23 and 24, far property located at the interc~,~ction of Pentz Road and Highway 99, south of Chico was held as advertised. Page 55. ', July 21, 1981 81- ~', July 21, 1981 _ Earl Nelson, environmental review coordinator, set out the background on the agpeal.,and described the area involved. The three parcels are divided by Pentz Road, The environmental concerns were aesthetic problems and traffic. A developer agreement could 'solve the problem.- handscaping could be used as a buffers The concern of added traffic left no choice but to require an impact xeporto Supervisor Dolan questioned the problem of fires, Mra Nelson stated the problem of drainage had been discussed. The developer felt that would not be a problems The area does not have good percolation. so covering the area with surface will not change that. They have proposed-some kind of pond, The fire department indicated fire hydrant replacement. SUPERVISOR WHEELER ABSENT AT THIS TIME Chairman Moseley stated she had a request to continue the matter. Hearing open. to the publico Appearing: to Russ Croninger, engineer, stated back in October 1979 the land use allowances were for industrial used They have worked with Planning and Environmental Reviewo The problem is how to get the project to the Planning Commission for hearing level, There are only two major concerns which-are aesthetics and traffico They have come up with a developers agreement of a conditional rezone to off set the problems that might come up in the future. There is no way to address traffico SUPERVISOR WHEELER PRESENT AT THIS TIME Mro Croninger stated Mro Hays has had contacts with people interested in placing manufacturing type industry in that locations One would be low employee, the other would be hard to address. He voiced his concerns regarding the time delay should an impact report be required, Bettye Blair, planning director, stated the General Plan change could not be conditianedo The decision must be made by this bodya The Planning staff has given their professional advise, Del Siemsen, acting county counsel, stated they must find this project does not have any significant effect or they must go with an impact report. They do not have the power to go with a conditional negative declaration on a General Plan change. There are areas within CE~A to focus areas that would be a significant impact, The matter was continued to July 28, 1981 at 10:30 a,m. 2120 2121 APPEARANCE: MICHAEL JACOB50N Michael Jacobson, Oroville, spoke regarding receiving the names of individuals who made a complaint to the Health Department regarding the Penticostal Church of God, The Health Department indicated the Board must give approval before they can learn the names.- Del Siemsen, acting county counsel, stated they normally do not give out this informationo Tt is not a public document, Unless it goes to courto Mr. Jacobson is to meet with Mro Siemsen and Mr. Vanhart. APPEARANCE: MIRE SCHRADER Mike Schrader, Oroville, spoke regarding a newspaper article on .the building of the libraries ~"~n-.~G~idley and Chico, He requested that the Page. 56. July 21, 1981 8l- ~', 2122 July 21, 1981 _ _ Board build the Gridley library with cash and come back with a long range plan with rents. CONTINUE TO AUGUST 25, 1981 AT 10:00 A.M. - PUBLIC HEARING: MEL MULLEARY, APPEAL OF CONDITIONAL NEGATIVE DECLARATION AND ADVISORY AGENCY'S DENIAL OF TENTATIVE PARC7EL NfAP,..AP 2.7-29-14., FOUR LOTS, PROPERTY LOCATED ON THE WEST SIDE OF GRIER AVENUE .EAST OF RESERVOIR ROAD PALERMO The public hearing on Mel Mull~eax'y, appeal of conditional negative declaration and Advisory Agency's denial of tentative parcel map, AP 27-29-14, four lots, property located on the west side of Grier Avenue, east of Reservoir Road, Palermo was.held as advertised, Clay Castleberry,-public works director, set out the background and location of subject property. The map was denied because it did not meet the General Plan requirements< Bettye Blair, planning director, made reference to the memo to the Advisory Agency on ,Tune 15th, specifically~to the findings that must be found on the General Plano The parcel is 20 acres and in "A-5" zoningo The criteria says to make findings of approval they must "Predominate existing parcel sizes range from 5 to 10 acreso", They could not make those findings. There are Land Conservation Act Agreements around that area, Until such time as they have direct direction policy statements, they will continue to be in this position, Hearing open to the public: Appearing: 1. Robert Huskey, Hilldale, Oroville, engineer, stated the Planning staff has taken the position when Land Conservation Act contracts are close or adjacent to proposed development the five acre parcel immediately infringers or conflictso They did extensive study in the area and-there is approximately 15 acres per cow. Hearing closed to the public and confined to the Board, On motion of Supervisor Saraceni, seconded by Supervisor Moseley, finding that the proposed project could-not have a significant effect on the environment, a negative declaration was recommended; the Mel Mulleary appeal of denied tentative parcel map, AP 27-29-14; four lots, property located on the west side of Grier Avenue, east of Reservoir Road, Palermo be upheld; and the project subject to the following 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> 3o Access to be reserved in deeds as per county ordinance and offered for dedication on the final map. 4, Show 50 ft. building setback line measured from centerline of access easement; 5a Provide road maintenance agreemento 6. Indicate a 50 ft, building setback from the centerline of Grier Avenueo 7. Show all easements of record on the final map. 8, Provide street name signs per requirements of the Department of Public Works prior to recordation of the final mapo Page 570 July 21, 1981 July 21, 1981 _ gL'~ 9. Pay off any assessments, +5 10, Provide cul-de-sac at the end of the street, ', 11, Pay any delinquent taxes. 12. Prove that the required quantities of domestic water are available to ', each parcel or place the statement on the map that there is no evidence that domestic water is available. 13. Show two (2) acres of usable sewage disposal area on each parcel in compliance with appendix seven (7) of the Subdivision Ordinance Standards. Supervisor Dolan stated she felt there would be an impact. The Planning Director's report outlines the policy and the General Plan. It ', is important to followo It is poor use of land and does not conform with the larger parcels of the areao Supervisor Saraceni stated under the LCA agreement it reduces taxeso To take the use away from someone with adjacent property was unfair. He did not think they should use this land as a buffer, Vote on .motion: ~_. ', AYES: Supervisor Saraceni and Chairman Moseley I NOES:. Supervisors Dolan sad Wheeler ABSENT: Supervisor Lemke Motion failed. There was a motion by Supervisor Saraceni, to send the matter to the Land Development Committe for an opinion. ', Supervisor Dolan stated she would rather it be referred to the Agricultural Advisory Commissions There was emotion by Supervisor Saraceni, that the`hearing'be held open until Supervisor Lemke returns. Hearing. continued to :August 25, 1981 at ZO:00 a.ma for-open hearing. ', 2123 ADDTTONAL MATTERS BY BOARD MEMBERS Chairman Moseley stated they have received information that John Allen, Public Guardian, will be retiring at the end of October. Supervisor Dolan stated Administrative Office should be asked to see what consolidation could be done, Supervisor Wheeler stated there was to be an on-line computer. system ', at Data Processing on Monday, July 27, 1981. It is open to the public.. RECESS: 12:05 p.m. RECONVENE: 3:01 p,m. '2124 ADOPT RESOLUTION 81-i70 - RELATIVE TO BID OPENING AND BUTLDTNG OF THE GRIDLEY AND CHTCO LTBRAItI$S Consideration of contracts with the City of Chico and City of Gridley concerning library construction projects and adoption of a resolution relative to library facilities held at this timed ', Page 58, ', July 21, 1981 81- ~' July 21, 1981 Supervisor Saraceni questioned the item regarding consideration of the contracts with City of Chico and City of Gridley. Dan Blackstock, library counsel, stated it had been discussed at length last weeko There were letters of commitments and minutes. John Sortell, library committee, stated the bids had been opened in San Francisco pursuant to instructions and the legal advisor_would set out the details. He presented the bond sale results to the Board. Edwin P, Ricci, Bartle Wells Associates, set out the bond results. The interest rate is substantially different than the bond market as it is today. He discussed the bond buyer index. The bid is insured by Mutual Band Insurance Company. The interest rate points down to rent payments. They must be equal annual payments. The Corporation must pay $193,000, That amount does not take into effect earnings on the reserve funds, The reserve amount should be $40,000 to $50,000 annually. They will receive $2,8 million, of which $490,000 will go to fund . interest to pay interest payments during constructiono A discount was allowed to enhanse the bids. $56,000 will go to Bank of America as discount, Mr. Ricci set out the background on the index, The•interest rate (10.6885 percent) they received in this bid could be considered quite excellent, It was not unusual to have two bids. A separate fund will be established for the reserve. From that fund it will go to the capital and insurance reserve fund, It will build up to $100,000 and at the end of six months goes back to the county general fund. Rent payments will not go from ane pocket to another. The underwriter pays insurance covers. The total result at the end of the 15 years would be $5,790,000.. The net interest including the $56,000 would be $3,174,499.91 with $2.8 million principal, The first twenty months of interest payments have already been paid. There was a motion by Supervisor Saraceni, to go :.ahead with the Gridley library and pay for that expenditure as they have not looked_at all limits and consider this issue after budget sessions Supervisor Wheeler stated Mr. Blackstock had been very explicit regarding the sale of bonds and the jeopardy which would kill any future capital expenditureso Motion dies for lack of a secondo On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, Resolution 81-170 declaxing intention to lease county property for the construction of public library facilities and related improvements and to lease back such property, as improved, ratifying approval of plans and specifications for public library facilities, authorizing execution of a site lease between the county and the Butte County Library Corporation, authorizing execution of a facility lease between said corporation and the county, approving rental to be paid pursuant to a facility lease between said corporation and the Board, approving financing of public library facilities by said corporation, approving financing arrangements for the bonds of said corporation, approving contracts for construction of public library facilities, authorizing assignment of architects`,, financing consultants' and library consultant's contracts to said corporation, and authorizing execution of necessary certificates was adopted and the Chairman authorized to sign, AYES: Supervisors Dolan, Wheeler and Chairman Moseley NOES: Supervisor Saraceni ABSENT: Supervisor Lemke Supervisor Saraceni stated they are looking at going into ~indebted- ness for the next 15 years at a:,C.st of $6 million, They have to look at it very critically when they are~aving a problem meeting expenditures todayo They are buying what they cannot afford to pay for on timed After budget Page 590 July 21, 1981 81~ 5' 21251 July 21, 1981 they'wbuld have-a better idea of what funds to spend for this type of expend- itures Mro Sortell stated he was very thankful, they had waited a long time for the libraries, Thank you for the strong support as a wholeo RECESS: 3:41 pemo RECONVENEC 3:47 p,m,. WAIV$ SECOND_R~ADING,AND ADOPT ORDINANCE 2238 - ADDING SECTIONS 1b-8, 34-1, 34-2 34-3 AND 34-12 TO BUTTE COUNTY CODE RELATIVE TO AGRICULTURAL NUISANCES There was a motion by Supervisor Saraceni, to approve the agricultural nuisance ordinance with the sunset clause for a period of five yearso Supervisor Wheeler stated she would not second the motiono The people she has discussed this with were not in favor of the sunset clause, Supervisor Saraceni stated he felt ordinances and laws are put into place and they are never reviewedo About time they stepped out and added the commitment going wvth the timeso Discussion was held regarding the sunset clause. Motion dies for lack of a second, 212b On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the second reading of an ordinance adding Sections 16-8,,34-1, 34-2, 34-3 and 34-12 to the Butte County Code relative to, agricultural nuisances was waived; Ordinance 2238 was adopted and the .Chairman authorized to sign, Supervisor Wheeler asked that staff do a review of ordinances and the lawso LETTER TO BE SENT TO LEONARD AND LYDE_REGARDING DAN BLACKSTOCK'S~SERVICES Mike Pyeatt, assistant administrative officer, stated he and Acting County Counsel have agreed a letter should be sent to Leonard and Lyde, referring to their contract with the county, asking if Mro Dan Blackstock could be made available to the county at the rate of $55 an houro On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, a letter be sent to Leonard and Lyde requesting Mro Dan Blackstock be permitted to assist the county under their current contracto AYES: Supervisor Dolan, Wheeler and Chairman Moseley NOES: Supervisor Saraceni ABSENT: Supervisor Lemke Supervisor Saraceni stated he felt they should wait until after budget sessian, RECESS: The Board recessed at 3:59 p,m, to reconvene on Monday, July 27, 1981 at 9:fl0 aomo Page 60, July 2i, 1981