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/~~ 1 ` ~ January II, 1977 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9100 ka.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, 1117instonaand Chairman Richter. Clif Mickelson, Administrative Officer; Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk by Margie Catt, Clerk of the Board. Pledge of allegiance to the Flag of the United States of America Invocation given by Supervisor Lemke 77..40 APPROVAL OF MINUTES On motion of Supervisor Winsron, seconded by Supervisor Moseley and unanimously carried, the minutes of January 4, 1977 were approved as mailed, with the change on Page 380, Item 77M5, to state that the meeting was set i'nr 10:30 a.m. rather than 10:00 a.m. 77-41 COMMUNICATIONS ', Benjamin and Mory Burrows, Glendora, The Burrows ask that their property in . t ~,0 V Paradise which is considered for extension of interim TM5 zoning remain in its present classification of A-2. To be brought up during the hearing at 2:00 p.m. Mrs. James Fazio, Paradise. Mrs. Fazio writes in wpportof increased police _ ~ C C+! p protection for Paradise. Information. Maorice L. Norman, Paradise. Mr, Norman writes with regard to the construction y~Z,O~ of a barrier dam at Carquinez Straits. Discussed; another letter will be written to him suggesting that he contact the Corp of Engineers. Earl H. and Helen W. Parker, Oroville, The Packers write requesting a withdrawal OD'Sa of one of their parcels, AP 41-15-29, from the Williamson Act. Refer to Ag. Commissioner, with copy ro Assessor for a report to the Boord. Chico Area Recreation and Park District. The District writes regarding the procedure for esta6lishci~ a priority plan for expenditures with regard to the S'QO°~D 1976 State Park Bond Act. Refer ro B.C.A.G. Paradise Recreation District. The District-writes regarding the State Park Bond ~Q 0, b V Act priorities plan for expenditures. Refer ro'B.C.A.G. City of Gridiey. The City sends notice that they are discontinuing operation O of the Golden Feather Flyer Transportation Services effective 710 `~ January 6, 1977. Information; no action taken. Oroville Mosquito Abatement District. The .District sends notification that the terms of David W. Thade and Harry A. Snelbaker as members of the Board /DO°! ` eappointed foritwoDyeae tenns.l~ ISee motion following communications. State Office of Emergency Services. The Office writes concerning assistance that may be available with regard to the Emergency Livestock Feed Program iD~ in areas affected by the drought, Discussed; ro be held until ~,OS' later in the meeting. Page 390. January II, 1977 r" ~ ,^. ____--~_--=====lanuQr~J1~14I7_~~__~~~__________ League of Women Voterrs of Butte County. Urges the Hoard to apply immediately '~' for the $38,000 available for the Consumer Fraud Unit._ ~,f Q~ Chairman Richter explained the present situation..This would be __!! an extension of the Brant tune to 18 months. The Board did adopt a resolution dpprovins the application for the grant, a motion has not been approved for an appropriation of t•he funds. Supervisor Winston made a statement regarding the land fraud unit at this time. 'He stated he had not discussed this with other Board members. The record should show that he has been a responsible member of the n;al estate profession 'for over 30 years; he does hpve a real estate license. We does differ with the views of others in this matter. Background of the land splitting in the County set ', aut by Supervisor Winston. Letters dated July and August, 1970 referred to, and discussed. He referred to other letters regarding land splits in Butte County. There had been pleas back in 1970 to stop this land splitting but nothing was done by this Board. Supervisor Winston said that the Chairman had made a statement the other day that he wanted to put a stop to plea bargaining; will the District Attorney ask for aanti-plea bargaining unit if the ', county requests that a stop be put to plea bargaining. He said that the people are frustrated and worried about property taxes. It was his feeling that the Board should be careful how they spend county maney. People are saying "Go to work and get the jab done with what you have ". Supervisor Winston stated that he had hoped to have the opportunity to discuss this with the people that are involved in this matter. }fe submitted that within the present frame work of this county, there is enough expertise to do this work without hiring more people. There are mappers in the Assessors Office Fhat could help in this matter. Fle said he would Eike to have the District Attorney present to answer some questions. Chairman Richter stated that the points raised by Supervisor Winston should be aired when the District Attorney was present. Administrative Officer to call and request the District Attorney to appear 6efor+e the !; Board today to discuss this matter. ': Claim of George Corpenter. Blade 8 LeClerckrfi le claim an behalf of DO•i'Y ~'• Carpenter in the amount of $2,500 plus attorney fees. f See motion following communications. Robert Dixon. Inquest permission to record parcel map on AP G5-48-01. ~ ~ This is in the Hupp-Coutolenc area. Refereed to Clay Castleberry !~s!• to discuss with Mr. Dixon. Mr. Castleberry will report back to the Board on this rryatter. y/ Mrs. Oscar Ueeker. Appeal of Decision of Advisory Agency dening extension of ~ t3 ~ time to file final map. Set for hearing on February I, 1977 at 10;00 a.m. Charles Harvey. Iteply~X to statements made by board members at the last ' Board meeting. Board members have copies of this letter. 1 f ~'~ ~ No discussion. at this time . Mailgram. (bequest Board members presence at Northern California Tax Reform Rally, Friday evening, January 14, 1977, Nova High School ~t~ Auditorium on Eureka Way, Rsdding. Copy to be given to 1 d~` Supervisor Wins4nrii. Syl. • j Page 391. January I1, 1977 n ,"~ C Q.C~...,=CC ~...C~C=L C~~C~C.... Si. GC....~ Emergency lv4edical Care Council. Notice of meeting to be held on lllanuary 15, 1977 in. Red Bluff. Supervisor .Madigan reported,on the meeting held a G ~Q ~ of the Holiday Inn last $aturd~y. New budgets were presented at 3 that time; Butte County's share for the unit is $34,000. Share of other counties set out. The budgets will be considered at the meeting in Red Bluff. Supervisor Winston will get with Supervisor Madigan tomorrow to discuss this matter and have Supervisor Madigan brief him on the background material. Supervisor Winston should also question this Council about the matter of advertising the program. 77-42 APPROVE APPOINTMENTS TO OROVILLE MOSQUITO ABATEMENT DISTRICT It was move y Supervisor anston an secon e y Supervisor Lemke that David W. ThadJe and Harry A. 5nelbaker be appointed for additional two year terms to the Oroville Mosquito Abatement. Board of Trustees. Dan Blackstock, County Counsel, reported an the new Legislature that requires publication of vacancies on Boards and Commissions and of the posting requirements prior to the appointment to fill the vacancies. This is to give the people a chance to apply for the appointments. The new legislation went into effect on January (, 1977. Ak. Blackstock will give the Board members opies of this legislation. Motion amended to state that there-appointments are on an interim basis, provided that the proper notice has been posted relating to said appointments. Motion carried unanimously, 77-43 REJECT CLAIM OF GEORGE P. AND EVALINE CARPENTER On mohan o .Supervisor AAa igan, secon e y Supervisor Lemke and unanimously carried, the claim of George P. and Evaline Carpenter in the amount of X2,500 plus attorney fees was rejected and referred to County Counsel and County insurance Agent. 77-44 MATTERS PRESENTED BY SUPERVISOR MOSELEY Supervisor se ey state s a a telephone call from Robert Taft stating that he had mailed two letters on December 3rd, 1976. One letter was to the Department of Motor Vehicles with his payment for his car license; the other letter was to the County Tax Collector, with his payment for his county taxes. The County Tax Collector has never received his payment. Mr. Taft does not think he should hwe to pay his delinquent charges as he did mail his payment in time. • Supervisor Moseley also had a telephone call From Glen Williams, Bangor. People in Bangor are disturbed about a rumor stating that •the County is going to do away with the department (fire) in Bangor. She was told that this n:mor is not true. The Fire department will continue to operate in Bangor. 77-45 ANNOUNCEMENT: STATE WATER PROJECT MEETING IN FRESNO • County Counse state tat ad received an announcement that the State Water Project meeM~u}yQpkrRbe held in Fresno tomorrow, Page 392. January II, 1977 ~. ~, _-__---___-= Janua_ry_II 1977===------------__ at 1:30 p.m. , He suggested that someone should attend this meeting, Supervisor Madigan sfoted he would attend. Supervisor Madigan stated this was discussed last Thursday afternoon at the Water Committee meeting. They have released a statement that they have deleted a sentence regarding the exploring and obtaining of underground water wpplies•and the tranaporting of them. 77-46 REPORT 8Y SUPERVISOR LEMKE ~ POLICE PROTECTION IN PARADISE Sup~rvis Supervisor Lem a stated t at an Supervisor Winson ad met as a committee with the SherifF and the Undersheriff about police protection in the Paradise area. A full report will be made next week to the Board members. This will be placed on the agenda foi discussion. The Sheriff_wiil be requested to be present for the discussion next week. 77-47 APPOINTMENTS TO COMMITTEES BY CHAIRMAN RICHTER C airman Ric ter ma e t e fo owing appointments of Board members: • Supervisor ~Winstan to Emergency Medical Care Council and H.S.A. Supervisor Lemke to the Man Power Council. Supervisor Moseley to E.O.C. Supervisor Madigan to CCCJ Chairman Richter will take appointment to Men#al Heal#h Advisory Board. 77-48 DISCUSSION: ENVIRONMENTAL REVIEW DIRECTOR RECRUITMENT: DEFERRED UNTIL LATER IN MEETING T e Tina fi ing date for the Environmental F~view Director position was December 31, 1976. A total of 60 applieat?ons have been received for the position. The next step in the recruitment procedure is for the Board to select a screening committee to review the applicatia~s and to interview qualified applicants. Chairman Richter said he would ask for suggestions for people to be on the screening committee. Supervisor Winston said he had requested permission to make inquiry into this matter. hie hos made a deep inquiry, he has met with people from Chico about the matter. Brief history on this matter set out. It was Supervisor Winston's feeling that the Planning Department carried out the function as charged. There has been many slanderous remarks made about this department. Supervisor Winston requested that Mr. Lawson, Planning Director, and Mr. Mc Keenan be present to hear any discussion on this matter. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, any discussion on this matter was delayed until such time as Mr. Lawson and Mr. Mc Keenan couid be present. Mr. Mickelson will call and request that they appear at the meeting later in the morning. Page 393. January II, 1977 77-49 APPROVE CETA GRANT ADJUSTMENTS Four specific actions are necessary in order to adjust the funding provisions of the CETA grant. The procedure of de-obligating prior grant funds and re-obligating suoh funds in addition 'to new allocations is required. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the following grant modifications aware approved and Manpower Director was authorized tv sign: (a) Revise Title 16y de-obligating amounts over actual expenditures shown in FY 76 close-out and re-obligating such amounts to be added to FY 77 grant total; (b) 13~vise Title II by de-abiigating amounts over actual expenditures shown in FY 76 close-out and re-obligating such amounts to be added to FY 77 grant total; (c) De-obl igating unexpended portions of Title I1 supplemental funding for FY 77 and transfer balances to Title VI; and (d) Re-obiigate FY 76 Title II suppiemental funds to Title VI. Carry forward all FY 76 unspent Title VI funds and add the new Title Vi grant appropriation extending grant authorization through September 30, 1977. 77-50 APPROVE EXTENSION OF LEASE AGREEMENTS e vocat~ona a ucat~ons specie grout from the Governor continues to fund clerical skills training as specified in the ongoing pion. The (ease agreements for rental of the classroom and rental of the equipment expired December 31, 1976. Extensions of these lease agreements are required. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the lease extensions through March 31, 1977 were approved and the Manpower Director was authorized to sign. 77-51 AUTHORIZE PURCHASE OF TYPEWRITER e npower erector requests an additional Selectric typewriter in the CETA administrative unit at a cost of X710. Sufficient funding exists within the Manpower Administ+dtion budget. On motion of Supervisor Madigan, seconded by Supervisor Lemke and carried, purchase of typewriter ap'iirbved and the liA'udit'rnr-was directed to prepare a budget transfer With funding coming from special departmental expense. AYES: Supervisors Lemke, Madigan, Winston 8. Chairman Richter NOES: Moseley 77-52 APPROVE PLANS & SPECS: WOMEN'S EXERCI,~E YARD P ens an specifications eve een prepared for going bo bid for the construction of an outdoor exercise area for female prisoners in the County Jail. Estimated cost of wnstruction is ~II,000. ' On motion of Supervisor Wiiratbay„ seconded by Supervisor Madigan and unanimously carried, plans and specifications for women's exercise yard in the County jail were approved and calf for bids authorized to 6e opened in Purchasing Office February 2, 1977. i`?-53 AWARD BUDL CIYBT +~ Page 394. January II, 1977 n ~• 77053 AWARD OF BED: COUNTY SERVICE AREA NO. 31, BIGGS SWIMMING POOL The current Service Areo budget, includes ;55,750 for sandblasting and fiberglassing of the swimming pool. Bids have been received with the low bidder E. J. Kingsley Fibergiassing of Sacramento of a cosYof $b,400. On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, bid for sandblasting and fiberglassing of Biggs swimming pool was awarded to E. J. Kingsley Fibergfassing in the amount of $6,400 and transfer of X650 from unanticipated revenues to cover balance of the job was authorized. 77-54 APPROVE PROPOSAL: ROUSING & COMMUNITY DEVELOPMENT REHABILITATION PROJECT A propose a ministrative process for the HCD rehabilitation project is being presented in anticipation of expanded activities. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Housing and Community Development rehabilitation project proposal was approved as submitted. 77-55 APPROVE BUQGET TRANSFERS On motion a Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the following budget transfe[s vroro <+pproved: B~47 Count Service Area #26 - Phase Ii. Transfers $26,449.64 from the reserve with $4,000 going to Maintenanea - Structures end Improvements, $19,449.64 Co Equipment, and $3,000 to Bond and iinterest. This transfer is to make the rieeessary budget adjustments to cover project expenditures pursuant to the written request of the Thermalitb~• Irrigation District Soard. B_,___GS County Service Area X56 (Glenn Olive Estates LiRhtinp,). Transfers $155 from the reserve to special department expense in order tp loan County Service Area 56 additional monies necessary for the filing of maps with the State Board of Equalization pending election to form the district. Within the Trust Fund Loan Control transfers $155 from Inter-fund Loan to the County Service Area revolving fund 1n order to establish a loan receivable. B-49 Probation. Transfers $1,444 from Support & Care of Persons within the juvenile court budget to the Probation Department fn order to provide an sppropriation for the Children's Home Society contract for receiving care for !'601" juveniles for the months of January and February as part of implementation of AB 9121. B,.,~50 Public Works - Road Construction. Transfers $5,000 from the Messita Valley Bridge project to the Ord Ferry Bridge project and is a transfer appropriation authorized by the Board of Supervisors on December 14, 1976, pursuant to Minute Order No. 76-2147. B-51 Public Works --Road~Constructian. Transfers $2,758.40 from the Lassen Avenue project to the Mangrove Avenue signals project, The purpose of Which is to transfer unexpended appropriation to covet final Costs of the signal project on Mangrove Avenue. This was a joint project with the City of Chico. _ ....:... .._.._..__.,, ._.... ._...._...__ ...__...__ ._......... _._....__.._ . page 395. January tl, 1977 ! 1 ~oooo._._.-.~._____=..~anuar~Jl„197Zoeexc~c====-era- HEALTH SERVICES AGENCY 77-56 APPROVE RENEWAL OF VARIANCE: LOUISE LUCAS Hearing ant request of Louise Lucas for renewal of variance to Sections 19-10 and/ar 19-12 of the $utie County Code for placement of a mobile home at 5708 Copeland Read, Paradise, AP 5~l-29-23, Zoning A-2 Ltd. was held at this time. Hearing opened to the public. Appearing: no one. Hearing closed and confined to the Board. On motion of Supervisor Len{pk~; sewnded by Supervisor Madigan and unanimously carried, renews! of variance to Sections 19-10 and/or 19-[2 of the Butte County Code was approved for Louise Lucas for placement of a mobile home at 5708 Copeland Road, Paradise, AP 54-29-23, Zoning A-2 Ltd. 77-57 APPROVE RENEWAL OF VARIANCE: LORRAINE MILLER • I~newa o variance to Sections - an or 19-12 discussed for Lorraine Miller For placemen+ of a mobile home at Nimshew Ridge Road, Magalia, AP bb-3b-2b. Zoning ARMH-3. No one appeared in opposition. On motion of Supervisor Lemke, seconded by Supervisor lVbseley and unanimously carried, renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code was approved for Lorraine Miller for placement of a mobile home at Nimshew Ridge Road, Magalia, AP 6b-36-2b. 77-58 APPROVE CHILDREN'S HOME SOCIETY CONTRACT A contract wit t e C i dren s Home Society for the provision of clinical supervision in Chiebfrotective Services has been developed which will replace and supercade the contract existing with the Welfare Department. Contract called for a maximum amount of $18,225 with 90°k - 10% funding participation. On nation of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Children's Home Society contract was approved and the Chairman authorized to sign. - 77-59 APPROVE AMENDMENT TO STATE DEPARTMENT OF REHABILITATION CONTRACT An amendment as en prepared to t e contract is was approved by the Board on October 26 for augmentation of mental health and alcoholism programs. No additional local money is involved. On motion of Supervisor Winston, seconded by Supervisor Moseley, and unanimously carried, amendment to State Department of Rehabilitation contract was approved and the Chairman was authorized to sign. Supervisor Lemke asked if the County had a drug rehabilitation program. He was Fold the County has a dnrg counseling service program but not a drug rehabilitation program. He requested that Mental Health Advisory Board look into the possibility of a drug detox center far the County. 77-60 DISCUSSION: FUNDING FORCONSUMER FRAUD AGENCY Ken Leac , Distr et Attorney, present at t is time to discuss funding of Consumer Fraud Agency, as requested by Supervisor Weinst'on. The request was for him to make com~ge ~~bthe amending of the contract to ,lanuary I I, 1977 /"`, ~• ___===_~Rc===.~OaUDr~.~.l~lwov=o=a=e...._----__ pick up the additional $38,000 to extend the contract for an additional six months. Staffing for this program discussed. Supervisor Winston stated he was a friend of the District Attorney and requested that he not take offense at the statements he was about to make. He said he decries the land splitting that has gone an in this County and he has triad to stop tt. Facts that he had set out earlier in this meeting were repeated at this time for the benefit of the District Attorney. Conversations of AI Walsh with the District A#tomey set out. If action had been .taken in 1970, there would be many people saved the financial problem of loosing funds on purchases of land in this County. Ben Culet has been indited by the Grand Jury and he is only one of many that are guilty of illegal land division. Supervisor Winston said he would be quite a job if the County was going to indite all that have done land splitting in this County. It has been stated that the District Attorney was going to do away with plea bargaining; Supervisor •Winston wondered if there would be a request for an anti-plea bargaining Vnit. Supervisor Winston said the people of the County are frustrated about taxes; they want relief. The best form of tax relief is priority spending . I•le thinks what the people nre spying is: "Go to work and get the jbb done ". The Aistritt Attorney has been charged with the prosecuting of law breakers; there are a lot of areas that need attention. The District attorney's department has increased three times over and the staff has doubled. Supervisor Winston said that as far as he was concerned, the land fraud unit is a fraud upon the people of this County. Mr. Leach stated he had not heard any real basis thatt ' . the Consumer Fraud Unit is a Fraud upon the people of this County. The purpose of his appearance before the Board was to discuss the certainty and necessity of staffing for this unit. Iaeason and necessity for this unit explained by Mr. Leach. Plea bargaining explained; he said they have never negotiated for plea sentencing. plea bargaining has been done on the basis of desuetion of the District Attorney and on the legal evidence involved. He said that most of the cases are not plea bargained. The number one consideration is, is it in the best interest of the people of this county. Mr. Leach stated that the growth of the District Attorney's office has been considerable . In 19613, they had 2 attorneys in the Chico office, 2 attorneys in the Orovilie Office, plus the District Attorney. Since that time, the personnel has grown considerably. All the new positions have been created for one or two reasons. The ease loads have increased dramatically. There are four active murder cases in this county at the present time. All crimes have increased. Increase in stafF has been to satisfy the increase in the case loads. Mt. Leach stated that the other things that have happened are the mandated programs that have required them to set up certain programs. Increase in the budget explained by Mr. beach. A goad deal of increase in the budget page 397. January li, 1977 n. r. _---_-_____= Januar~l~ 1977_________________ the budget is for the family support division. Mr. Leach explained the (ob they are doing. Because of the more effective work of the family support program, many people that would have requested funds from Welfare have been discouraged from requesting funds. Mr. Crisan has informed Mr. Leach that requests for Welfare have gone down recently. This Family Support Program has been having some affect on Welfare. Mr. Leach explained the process of handling cases referred to them by the law enforcement agencies. He explained how the cases are studied and then charges are made accordingly. The staff in the Chico office are worked very hard. Pressures of stretching the stafF because of work load set out. Mr. Leach feels that his staff of attorneys are very fine men. Capability of staff explained. Background of consumer cases explained. He stated he had handled the Ward Blvd. problem to the best of his ability. The decision was made on what he felt was to the best interest of the people. This type matter has grown. It has become a substantial issue in the County. Me stated that the fact is, to go into the problem that exists, it would take a much larger staff than requested. He has requested a minimal staff to investigate these matters. These areas of consumer fraud and violations hove increased. There are violations that do exist. It is just a question now of this Board making a determination of whether ar not they will have the capability to prosecute these cases. Chairman Richter stated that Supervisor Winston had made the allegation that there are no current violations and that there is staff sufficiently to handle these matters. Mr. Leach stated that from the investigation and evidence they have, there are violations happening every day. He felt that the best evidence is that they lack the capability is That have the problem that does exist. A lot of this could be controlled by proper staffing. People who are trained and educated to handle these matters. Supervisor Letrke said that in the scope of this office tfhe're are special units. Mr. Leach explained the special units functions within his office. He explained the matter of priorities within his office. Supervisor Winston asked hliH:. Leach if he had been directed by this Board to form this Land Fraud Unit. Mr. Leach said there was a lot of indications from this Beard that such a unit was needed; he set out how it could be handled. He set out the mere minimum of staffing he would need. Supervisor Winston said he would propose that this Board weight the needs of the District Attorney's office during budget time. hle is opposed to funding this unit beyond ,luly (st, 1977. Funding for this unit discussed. Supervisor Lemke said that if this is funded with the additional funds, this program could be carried forward to February of next year. Fle asked if all these matters would be cleaned up ay then. If they are cleaned up, would the land fraud unit be dismissed. He asked if the Gounty would loose the $38,000 if this unit is not approved by the Board . - Page 396. January I1, 1977 ~. r^• ---------====Januaryl111977 ___=---=W=====___ Dan Blackstock, County Counsel, stated that the Board of Supervisors has requested the funds; now the CCCJ $oard will act on the application this Thursday evening at their meeting. Following action by the CCCJ Board, the Board would be in a position to appropriate the funds. Region C, CCCJ, had approved this applicotion. The County does not have to re-apply for this money. No action at this tlme;.~ontinved until after hearings set for this time. 77-761-•c51 PUBLIC HEARING: BILL LEON COOPER-PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS 19-10 and/or 19-12 BUTTE. COUNTY RODE FOR PLACEMENTOF MOBILE HOME GRACE ROAD GRIDLEY T e pu ie earlgg on t Bi Leon Cooper petition for variance to provisions of Sections 19-10 and/or (9-12 of Fhe County Code for placement of a mobi le home at Rt. 2, Box 624 C-1, Grace itQad, Gridley, qP 22-24-12, wos held os advertised. Howard Toussaint, County Sanitarian, stated that the Health Department has not objections to this placement of the mobile home. Hearing opened to the public. Appearing: no one. Hearing closed tv the public and confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, Bill Leon Cooper petition for variance to provisions of Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Rt. 2, Box 624 C-I, Grace Road, Gridley, AP 22-24-12, was approved for a period of one year. 77-42 PUBLIC HEARING: SIDNEY A. BRAASCH: PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS 19-10 and/or 19-12 OF BUTTE COUNTY CODE FOR PLACEMENT OF MOBILE HOME AT 8036 MELVINA AVE., PALERMO T e pu is Baring on the Sidney A. Braasch petition for variance to provisions of Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 8036 Melvina Avenue, Palermo, AP 27-20-51 was held as advertised. Hearing opened to the public. Appearing: no one. Mr. Toussaint stated that the Health Department had no objections to this variance. Hearing closed to the public and confined to the Board for action. On motion of Supervisor Nbseley, seconded by Supervisor Madigan and unanimously carried, the Sidney A. Braasch petition for variance to provisions of Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 8036 Melvina Avenue, Palermv, AP 27-20-51 was approved for a period of one year. RECESS: I I :OS RECONVENED: I I :t0 77-63 MOTION OF INTENT TO FUND COUNTY'S SHARE OF CONSUMER FRAUD AGENCY: MOTION FlIaA.S C airman chter stated shot CCCJ people would like to know what this Board is doing to do with regard ths•the appropriation of monies for the Consumer Fraud Unit. page 399. January It, 1977 ~, ~ It was moved by Supervisor Madigan and seconded by Supervisor Lemke that the County will fund the County's share of the CCCJ application for the Consumer Fraud Agency in the amount of X2,000 matching Funds, total approlseation being X38,000, to carry the program through for an additional six months beyond the present grant the County Fs operating under. AYES; Supervisors Lemke, Madigan and Chairman Richter NOES: Supervisors Moseley and Winston MOTION FiAILS. 77-64 APPEARANCE: JAMES HANSON OROVILLE James Hanson, Orov e, sal a did not appreciate the open forum with the District Attorney this morning because it was not on the agenda. He fait it was a dime to handle this matter this way. He expressed his opposition to the Consumer Fraud Unit. Fla feels this unit should be in the Sheriff's Department. He stated he was present today far anotlsr reason. He has presented the Board members with copies of a proposed ordinance regarding mining. He stated he would tike to have the Board form a Mining Committee. 77-65 APPEARANCE: MR. EARLS CONCOW Mr. Ear s, Concow, said a would like to see the Board get Mr. Castleberry to do aomething about the last six miles of Concow Road. He asked how long it had been since this road had been rocked or had gravel placed on it. Mr. Castleberry said he would like to take the new Supervisors over the road. The old Supervisors felt the rood was passable. Maintenance of this road discussed. Supervisor Winston will go with Mr. Castleberry to inspect the road. Mr. Earl said they have also been having a series of burglaries in that area. The residents request that the Sheriff's Department give them some protection. 77-66 APPEARANCE: PHIL BOJARSICI JUVENILE HALL i Bojars i requested t at t Board look into the matter of his salary that is being withheld on his termination at Juvenile Hall. Dan Blackstock, County' Counsel, stated~he~would give the Board a report on this matter, 77-b7 APPEARANCE: MRS. BUTLER. MIIIMSHEW Mrs. Butler, Nimshew, spoke regarding the reduction in the number ofmmembers on the Planning Commission. She feels that the Planning Commission should continua to operate as they ore at present; she feels they are doing a good job. 77-6$ APPEARANCE: MRS. PALMER OROVILLE Mrs. Pa axrer,rest ome operator, questioned the Board about the social or civil rights of the people in her home. She is still having problems with the Welfare Department. When her people are placed under the public Guardian, all their rights are taken from them, along with all their funds. She asked who made the determination to place these people under the Public Gua;dian.Page 400. January II, 1977 ~"` r'` ------------=-~'n'''a-r~clltl4T1-~~~----__________ She was toad #hat Superior Court made this determination. Mrs. Palmer will discuss the situation with Administrative, Officer. T/-69 APPEARANCE: DON BLAOEE BUTTE CO. PROPERTY OWNERS ASSOCIATION Don $ a e, representing t Butte County Property Owners Association, spoke concerning surplus water contract and the water situation in this County. Supervisor Madtgan stated there was going to be a meeting at 1:30 tomorrow in Fresno about surp#us water. Mr. Blakk will attend the meeting with Mr. Madigan. T7-70 APPEARANCE: BOB MONTEY, FEATHER FALLS Mr. Bo Monte, Feat er Fa s, complihrented Chairman Richter on trying to keep the Land Fraud Unit in this County. He explained Fhe problem of €aghting the Feather Falls development. Opposed to the eleimieb'tion of Planning Commission members; should leave the commission as set up at present. 77-71 DISCUSSION: ENVIRONMENTAL REVIEW DIRECTOR RECRUITMENT Further discussion was helc~at t is time concerning t Environmental Riaview Director recruitment. Mr. Lawson, Planning Director, and Nk. Mc Keenan were present at this time. Supervisor Winston had requested that remarks be made when these men were present. Background of recruitment set out. Supervisor wnston said that Mr. Mc Keenan did not have the background to prepare environmental Impact reports; he had been told that Mr. Mc Keenan had been guilty of changing E.I.R.s because he did not like certain projects. Supervisor 'Winston said he had been told last week that he would be given certain E.I.R.s for his study. He does have two E.I.Rs; one for the Highway Park area and the other for the Bertram development. Determination of E. i.R.s discussed. Findings must 6e made on E.I. R.s. Guidelines explained. It was felt they would make an orderly process. Supervisor Winston said he has received the message laud and clear that the voters do not want an additional layer of Government. He felt that the •ordinance that was adopted should be rescinded that set up this department. Supervisor Winston said he sensed that there was a motivation b/:hind the setting up of this department for the Board to control the E.I.R.s. He stated he did not want to control anyone. Fie stated he had met with Dan Drake, a developer, a Dallas Louis, Butte Creek Rock, and Dennis Robinson. These people are deeply concerned over the E.I. R.s. They believe in land controls. He stated he had suggested to these people that everyone involved in these mattets meet and try to work out their differences. Twenty Counties were reviewed and there was only one county that had a special enn!ironmental department. Chairman Richter stated the Board does not approve the drafts of the E.I. R.s. They are finished documents when they get fo fibs Board. Page 401, January II, 19T1 ~ ~ The E.I.R. for the Bertram area was in final form when presented ro the Board. Chairman Richter stated that the final E.I.R. was doctored to promote the views of the people involved in the Highland Park development. The report refers to the Green Line; there is no Green Line-it does not exist. Chairman Richter explained the report. It was stated that the Board was changing the E.I. R. process; they are eliminatigg the E.I.R. Committee. Supervisor Winston said he would like to have Mr. Lawson or Mr. McKeenan comment at #his time. Mr. Lawson set out the background of E.1. R.s. Staffing for handling the E.I. R.s explained. Mr. Lawson commented on the Highland Park and Bertram E.I.R.s. Those draft impact reports were written by people invoived in the developments. Dr. Kendall wrote the one on Bertram. The Highland Park E.I.R. was written by Dr._ Beck c,r;-' McCain and Associates. He explained how these reports were handled. He explained the matter of the green line. There is now a green line set out in the Genera! Plan. He felt that the reports should include statements from interested parties. His department has always tried to deal fairly with developers, Everyone is treated equally by hfs department. Mr. Lawson did not comment or respond to .any personnel attacks on him or his department. Mr. Lawson explained the staffing pattern. Impact procedure explained; they do work within the guidelines. The reports will reflect a difference of opinions. The draft document has always been reviewed by staff . Mr. McKeenan stated that at no time in his job has he ever written impact reports that would tend ro slant the reports. He has tried within the best of his ability to present objective reports. Chairman Richter commented an the E.I.Rs and to the green line alluded to within the reports. He said he had heard that Dr. ISendall had written the Highland Park E.l. R. He stated that Dr. Kendall is not responsible for the E.I.R.s . Chairman Richter stated that Mr. Lawson had said that he was not responsible for the`E.I.R.s that come out of his department. He felt that the power has to 6e in a separate department. Three~people will be needed to handle the E.I.R.s. Staffing for the Environmental Review Department discussed. The County had advertised for a director at a salary of over X15,©00. Supervisor Winston said that if had a lower paid individual that had the background, he could provide the same function at a considerable saving to the tax payer. Supervisor Winston commented on conversations by Chairman Richter and Supervisors Lemke and Moseley. He stated he wanted it known that tt is o violation of the Brawn Act to use the telephone to influence people. page 402. January 11, 1977 ~, r Ordinance setting nut this department will be researched during the noon recess and Mr.-Blackstoek will report back to the Board following the noon recess. 77-72 Bl1TTE COUNTY DECLARED A D15ASTERAREA r. Ban y, As Commissioner, reported on the matter of current drought cond$fkians affecting agriculture in Butte County. He requested that the Board declore.this County a disaster area. Qn motion of Supervisor MMbseley, seconded by Supervisor Winston and unanimously carried, Butte County was declared a disaster area and a letter will be written by Mr. Bandy, Agricultural Commissioner, and Tam Struthers, Civil pisaster Director, to the Governor. 77-73 MOTION TO RESCIND ORDINANCE 1771 RE E.I.R. DEPARTMENT: MOTION FAILED It was moved by Supervisor Winston that Ordinance 1771, setting up the Environmental Review Department, be rescinded. Motion failed for lack of a second. RECESS: 12:25 RECONVENED: i:30 77-74 PUBLIC HHARINGS: COHTINt1RD TO MARCH 16 1977 AT 9:00 A M The following public hearings were continued to March 16, 1977 at 9:00 a.m.: 1. Casa De Flores Mobile home Perk -rezone from "R-4" (maximum density residential), "R-2 " (Duplex res~deatial) & "R-i" (single-family residential) to "Mt€P" (mobile home park) property. on the south side of Lassen Ave. at Norseman Ave., containing 12 scree, more or less, Chico. 2, Sutte Tallow Co. -rezone from "A-2" (general) to "M-2" {heavy industrial) praperty on the•aartheaat corner of Shippee Road & Hwy. 99E, approximately Smiles northwest of Oroville. 3. Dan Hayes, etai -rezone from "A-2" (general) to "A-5" {agricultural), "SR-1" (sig:glh-family residential),"M-la (light'iadustrial), and "P-Q" (public-quasi-public) for a total area covering one square mile, more or less, located on the east aide of Cohasset Rd., north of Eaton Rd., southeast of Chico Municipal Airport. 77-75 ADOPT ORDINANCE 1782: CONTINOED EIIBLIC HEARING: M. & T. INCORPORATED - RE20NE FROM r'A-2" (GENERAL) TO'"C-2" (GENERAL GOI'A'tERCIAL) PROPERTY ON THE WEST SIDE OF ESPLANADE, APPRO%. 270 FT. SOUTEI OF EATON RAAD, CONTAINING 1.22 ACRES. MORE OR LE33. CHICO. The continued public hearing oa the M. & T. Incorporated rezone from "A-2" (general) to "C-2" (general commercial) property on the west side of Esplanade, approximately 270 feet south of Eaton Road, containing 1.22 acres, more•or less, Chico was held at this time. Mr. Lawson, Planning Director, stated thtt this rezone•is ti:ore~'restrictive, less than 20 acres, sad a letter of hardship ha9•beea•keceived. tir. Lawson Bet out the background of the rezone. _~...,,...-. ._. _.__..~-_ ---. - - --. -. ~ .. ----- ........_.. ~gq 1i03. January Il, 1977 ~. r"" . ... c~cc C.. l.~CIDISS'~iR l¢i'x Cl$C o~FS CEO c c CY s s s~ Hearing open to the publics lppearing no one. Hearing closed to the public and confined to the Board for action. Oa motion of Supervisor Winston, seconded bq Supervisor Lemke and unanimously carried, the M. & T. Incorporated rezone from "A-2" (general} to "C-2" (general co®erciel) property~on•the west aide of Esplanade, approximately 270 feet south of Eaton Road, containing 1.22 acres, more oz less, Chico was approved with the findings that it is consistent with the General Ylan and with the findings that there ie a hard ship•ae found in the letter dated November 22, 1976 from M & T Incorporated as follows: Res Rezone (77-09) Gentlemen: For some time we have had before the Planning Commission a request to rezone Assessor's Parcel No. 44-03-140, just north of The City of Chico near the intersection of Eaton Road and The Esplanade. We have•received your letter of November 19, indicating that you may be able now to process this request as a result of the agreement between your office and the Attorney General of~the State of Ciliforaia. Tn our opinion vur parcel for which ye have requested rezoning certainly qualifies under conditions 2 and 3 of that agreement. Our parcel is slightly over one acre in size and is contiguous to property that is zoned commercial and owned by us. The subject property• for which we•are applying is alreadq in comtnerciel vas. There exietA upon it a 12,000 square foot warehouse which is under a long term Leaea to the United Parcel Service. The lease, however, allows far an extension of their usage of the building which includes 4ome remodeling which would be inadmissable under a non conforming use•as sow exists. To not rezone would be an additional hardship in that it was specifically purchased to coordinate plane far the usa•of the contiguaua commercial property which we own. We respectfully request that you rezone ae requested. Sincerely, M. D.,layred Vice~President Avt Ordinance 1782 and authorize Chairman to sign. 77 ~b ADOPT ORDIftANC$ 17836. EIIBLIC BgABINGS . EICfENSION OF .INT£6lli "xM-S"..__ T ER-MOUNTAIN FOR PROPERTY OCATEO PAST Bi1TTE CREEK LINE. The•public hearing on the extension of Interim "TM-5" (timber- mouataia) for property located northeast of Chico, east of Bruce Road. southeast of Doa Mill Ridge, south of DeSabla, west of Paradise, Magalia, Paradise Pines, Nimshew Ridge, north of Skyway, and north and west of the east Butte Creek Canyon bluff line was held ae advertised. Mr. Lawson, Planning Director, set fuut the background of the 8xtension. There~is an application for permanent zoning which contains b87 of the land area on the petition. There•are several people who w3shii to be excluded from the "TM-5" zoning and would like•one and two acre parcels. DiscuBaion of'the time•aeaded to bring'the•paxgaanent Boning matter before~he;Board had; q~a~ip~t4ima:..,.. • • ~ r January 1I, 19'77 ~. ~~ Hearing open to the public: Appearing: 1. Robert Speer, property owner. Mr. Speer showed the Board a map that had been made of the area and net out which parcels had signed the petition, Mr. Spear stated that a greet deal of time had been spent on the project. 2. Harvey Johnson, property owner. Mi. Johnson stated that he has 100 acres in tha~canyon, and feels that there should be more homes in the canyon. Mr. Johnson is in favor of the extension so that there can be work done on the permanent zoning. 3. Joe Rich, partner in property behind Lofty Pines Subdivision. Mr. Rich stated that he is against the extension•af the Interim. 4, TJilliam Newman, partner in property with Mr. Rich. Mr. Newman stated that lte ie not in favor of the extension~of the Interim. 5. Sandy Hann, agent for one of the property owners. Mr. Hann stated that his client was against the extenaion•of the interim and would like to be excluded from the interim and permanent zoning. 6, Jerin Reynolds. Mr. Reynolds stated that he is against the TM-5 extenaian of the Interim. 7. Edwin•Winslow. Mr. Winslow stated that he has been•iavolved in this matter since it began. Mr. Winslow stated that he would like very much to have something settled now, Mr. Winalow•hae a problem with~a parcel map, and would like assistance with it. Mr. Lawson•is to talk to Mr. Winslow. Hearing closed to the public sad confined to the Board. Oa.motion~of Supervisor Lemke, seconded by Supervisor Winston amd unanimously carried, Interim "TM-5" (timber-moumtain) property located northeast of Chico, east of Bruce Road, southeast of Doe Mill Ridge, south 'of DeSabla, west of Paradise, Magalia, Faradiae Pines, Nimshew Ridge,north of Skyway, and north and west of the east Butte Creek Canyon bluff line is extended for a period of one•year with that area in the Northwest corner of Section 1 and that area near Bince Road represented by Mr. Hann with the owner being Roma Jean MaClaia be deleted; adopt Ordinance 1783 and authorize Chairman to sign. 77-77 PUBLIC HEARING: RICHARD ALDRICH - APPEAL OF ADVISORY AGENCY'S DENIAL OF TENTATNE PARCEL MAP, AP 24-17-19, 2 LOTS, EAST SIDE OF COWEE ROAD, BETWEEN TURNER AVE. AND EVANS REIMER ROAD. GRIDLEY. The public hearing on the Richard Aldrich appeal o£ Advisory Agency's denial of tentative parcel map, AP 24-17-19, 2 lots, east ~ide•of Cowes Road, between Turner Avenue and Evans Reimer Road, Gridley was held at this time. RECESS: 2:25 p.m. RECONVENE: 2:30 p.m. 77-78 PIIBLIC HEARING: RICFIARD ALDRICH - APPEAL OF ADVISORY AGENCY'S DENLAL OF TENTATIVE PARCEL MAP, AP 2 4 17-19, 2 LOTS, EAST ':''SIDE OF COWEE ROAD, BETWEEN TURNER AVE. AND EPANS REIMER ROAD, GRIDId3Y_COLVT7.NiJED. The continued public hearing on the Richard Aldrich appeal of Advisory Agency's denial of tentative parcel map, AP 24-17-19, 2 lots, east of Cowes Road, between Turner Avenue and Evans Reimer Read, Gridiep was held ae continued. Page 405. January II, 1477 ~, ~, Mr. Lawson, Plannigg Director, stated that the Advisory Agency had made the findings that this parcel map wae•not consistent With the General Plan and that it was more than the 3 to 1 ratio. It ie in Orchard and Field Crop and is zoned "A-2". Discussion o£ parcel design had at this time. Hearing open to the public. Appearing: Mr. Richard Aldrich, property owner. Mr. Aldrich stated that this application is•a hardship. The parcel split would be far the purpoae•of #inancing. Mr. Aldrich stated that his wife•is vary 111 •and that hie moths=-in-law would take care•of herb This parcel split is to build a home for the mother-in-law. Mr. Allrich set out the background of the area at this time. Hearing closed to the•publlc and confined to the Board. Chairman Richter stated that this ie a sad case. Supervisor Winston stated that this points up•the urgency to update the General Plan. This is throughly reflective of the lead uses in•the County. Everyone in the County that has any "interest in the County ehauid give the Board input. The update•of the General Plan will not be•done until after March when the four new elements are added. Supervisor Moseley stated that the parcel map wes denied by the Advisory Agency because of parcel size. On•motion of Supervisor Moseley the tentative parcel map•of Richard Aldrich is approved. The hearing is continued to May 24, 1977 at 9:30 a.m. 77-~9 APPROVE GENERAL ASSISTANCE VARIANCE FOR CASE N0. 04-90a2g23 TOTALING $52 PER MONTH. On motion of Supervisor Winston, seconded 6y Supervisor Lemke•aad unanimously carried, the General Assistance Variance for Case No. 04-90-1423 totaling $52 per month was approved. 77-80 PUBLIC HEARING DATE SET: DOLAN D. DUNKS REZONE. A public hearing date of February 1, 1977 at 9:45 a.m., estimated time 15 minutes, was set for the Dolan D. Dunks rezone from "H-C" -(highway- commercial) and "A-R" (agricultural-xesidentiel) to "C-2" (general-commercial) for 1.71 acres, more•or lees, located on the southeast corner of Oroville- Bangor Highway and Lower Wyandotte Road, Oroville. 77-8f ACCEPT PROPOSAL RES OFF-SITE DRAINAGE IMPROVEMENTS FOR 80WLING ALLEY TO BE LOCATED AT WAGSTAFF AND CLARK ROADS. PARADI5E. Clay Castleberry, Public Works Director, stated that he•has received av letter "offering to poet a bond at Wagstaff and Glark Roads, Paradise for the proposed bosaliag alley. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the proposal fox of€-site drainage improvements, Wagstaff and Clark Ronda, Paradise is accepted. 77-82 ADOPT RESOLUTION 77-2: APPROVE PROGRAM SUPPLEMEDPP N0. 8 TO MASTER AGRiar - F613ERAL AID,,,,~AFETY •PROJBCTB (8P88 CH 186.5). •On atotion of 6upervisor Winatony~seconded by Supervisor Lemke "__ __•_•~ •__~ and unanimousl carried, Program Supplement loo. 8 to master agreement -___~ _ .January tl, 1977 ~• T, _~~~~_~rzC======~'~'2R:~c~~,e,c====~____==~==sue Federal ,Ilid•safety Pro~eets (BPRR CH 285.5) was approved; Reealution 77-2 was ^dopted aad the Chairmsa suthorited to sign. 77-63(a) RELEASE MAINTENANCE BOND - PINE VIEW SUBDIVISION (13 LOT5) EAST OF •PENTZ-MAGALIA ffiGHWAY, PARADISE AND ACCEPT ARANY COURT INTO THE COUNTY MAINTAINED SYSTEM. On motion•of Supervisor Zemke, seconded by Supervisor Moseley and unanimously carried, the developer's mainteneace bond for Pine View ~Subdivisioa (13 lots3 east of Pentx-Magalia Highway, Paradise pas authorized and Arany Court was accepted iato the County ,maintainednsystam. ~,,,~3 APPitlDVE ERTENSION OF TIi~ FOR FLUNG OF 'PARCEL M2P - 1tOBERT D. DIXON ~~ AP 6 •-48-0 Clay Castleberry, Public Works Director, stated that Mr. Dixon had been caught up in the moratorium and has been unable to file his final parcel map. This parcel contains 20 acres and is located sGn the Hupp- Coueelenc area. This is out of the urban area. The teatative parcel map was approved on July 29, 1975. On motion of Supervisor Lemke, seconded by Supervisar Winston and unanimously carried, the time•Eor Ei11ng a parcel map by Robert D. Dixon on AY 65-48-01 is extended fox a period of oae year. 77-84 SID OPENING FOR UPPER RIDGE FIRE STATION CHANGED TO FEBRUARY 15, 1977 AT 1• DAM On ,motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the bid ogening for the Uppex ridge Fire Station is changed from February 11, 1977 at 11:00 a.m. to February 15, 1977 at 11:00 a.m. 77-65 APPROVE FINAL MAP - VILLAGE OAKS On,motion'of Supervisor Winatoa, seconded by Supervisor Moseley aad unanimously carried, the 9iliage Oaks final map was approved. ]]-$6 APPOINTI~~NTS TO VARIOUS COMMITTEES CONTINUED UNIIL VACANCY HAS BHEN POSTED A vacancy oa a committee must now~be•posted for ten days with the County Clerk so that if Bomeoae~ie interested in applying they can do so. 'The following appointments were put over until the vacancies have been posted. 1. Reappointment of members to the Development Co~iseion. 2. Appointment to Law Library Trustees. 3. Vacancies on~Substance Abuse Advisory Committee. 77-•87 COUNTY COUNSEL TO PREPARE ORDINANCE AMENDING SUBDIVISION ORDINANCE. Dan Blackstock, County Counsel, stated that the problems concerning merger of contiguous nonconforming parcels was in the definition of what is a subdivision. Pir. Blackstock Bet out the baekgrouad of what had taken place to date concerning parcels. The Attorneq General ie considering using the definition of merger to be a way of deacri}~ing ad,Jacent aad contiguous parcels. Discussion of types of mergers had at this time. Hearing open to the public. Appearing: William R. Graham. Mr. Graham stated that he had a problem with his parcel and would like assistance. Mr, Graham's engineers ohould give Mr. Blackstock a Gail and he pill talk with them coaceraing the problem. ..•. a . ~ .^. page 4G7. January iJ, 1977 ~ ~"• ~ races====oe==e::,p e,~l~l;{Itr ~iiY Ci eas==vossee~eseee On motion of Supervisor fiiaston, seconded by Supervisor Madigan and uaeaimovsly carried, County Counsel is to prepare an Ordinance amending the Subdivision Ordinance providing that aubstand8rd parcels do not become merged, - • 77-68 i~AI9E THE FIRST AEADIWG OF THE OBDI~3ANCE: RE= 8213G0. This•ordinaace is to bring the County into conformance with the new State law legalizing Bingo: In order to get a license for Bingo the organization would have to be qualified to deduct this on the•iacome tax. .~ On motion of Supervisor Winston, eecoaded by Supervisor Madigan and unanimously carried the first reading of the Bingo Ordinance was waived. 77-69 W_A_IVE ~kiE FIRST READING OF THE 'GAMBLING ORDINANCE. Dan B3'~tkstock, County Counsel, stated that a committee made up•of the police chiefs•ead the sheriff had gone over the ordinance. The cities are charging a fee•of $500 for 1leeneing and $100 per table. The County had recommended a fee~of $750 for licensing. Thia ordinance would be concerned with placea•operating card rooms. The Sheriff felt that the County should reduce the fees to be the same as the cities. Qa motion of Supervisor Madigan, seconded by Supervisor Winston and carried, the first reading of the card ordinance was waived with the• fees being set at $500 for licensing and $100 per table. ,AYES: Supervisors Lemke, Madigan, Moseley snd Winston. ABSTAINING: Chairman Richter. 77-90 gE,7ECT CLAIM OF KATHERTNB L OLIVER: REFER TO COUNTY INSURANCE CARRIER. f?a motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the Claim of Katherine L. 013ver in the amount of $280,000.00 was selected with the findings that the Board cannot determine the actual amount. 77-91 ADOPT COI3FLECT OF INTEREST CODE FOR TABLE MOUNTAIN IRRIGATION DISTRICT The•Board adopted a conflict of interest code for Table Mt. Irrigation District. The District has forwarded a code and asks that the Board rescind its previous action and adopt the code that they have Forwarded. On motion•of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the previous Conflict of Interest Code~for Table Mt. Irrigation District ie rescinded and the•Conflict of Interest Code submitted by the District is adopted. EXECUTIVE SESSION: The Board recessed at 3:25 p.m. for an executive session to discuss litigation. RECONVENE: The Board reconvened at 3:56 p.m. following an executive session to discuss litigation. The litigation discussed was the 2ahnd matter and County Counsel was given instructions as•to how to proceed. x'92 DISCUSSION:__ENVTRON1iENTAL_REVIEFT DEPARTMENr'_. Supervisor Winston made the•motioa that Ordinance 1771 be rescinded and in its place either a Planning Techaician•IT or TTT be hired for the Planning Department, under the Director of Planning, for the•purpose~of implementing ea Environmental Review ~actf.on;~viG~tia:-thenPiaRnfnS Department. Discuaeioa of vaing•the CEPA Secretary that is in the Plauni~g Department instead of hiring s aew'peraon.had at this time. __ Poke d08. January II, 1977 ssn~======m~yc~am~U~~~t~a~=,toC-c-~ccs~~mmee Chairman Biehter at~ted that in hia•view he believes that all" of the EIRs•were of the same quality as the Bertram. The responsibility of the EIRs rests with the County. The cost of running en agency with three people is•aothing as compared with the•cost we haye• erected for the people trying to go through the County because of delays. Three people are needed to expedite the•~proeese. The power given to the Coordinator is significant. This would eliminate the Environmental Review Committee and give the Coordinator the power to make a Negative Declaration. This is a small price to pay. Supervisor Winston•staCed that this is a poor time to start a new department. The Board hoe the final say on the Environmental Review requirement. MOTION DIES ~ LACK OF ESy,COND. 77-93 ADOPT RE5OLUTZON 77-3: F,NpIRONNIENTAL 8Ei-IEW GUIDELINES. Dan Blackstock, County Counsel, stated that on page L2, item Y there to a major and aigaifica~tt change. The committee has looked at the changes that have been made. Noae•of them have contacted Counsels office. All of the changes that the•committee•recommeaded have been taken care of. Discussion of tha~Energy Consesvatian part of the guidelines f _ ^_ ____ __ „~ had at this m~otion~of Supesv~eox~iTinston~~8econded by Supervisor Lemke end unanimously carried. Rasolution•77-3. the Environmental 8eview Gufdelines, was adopted and the Chairman authorized to sign. 77-94 BOARD CONCURS WITH THE PROBATION DEPARTMENT RE: OPEN HOUSE FOR JWENILE HALL The~Board concurs with the Probation Department in the holding an open house at Juvenile Hall on February 4, 1977 from 1:00 to 4:00 p.m. 77-95 APPOINT COMMITTEE TO REVIEW ENVIRONMENTAL REVIEW COORDINATOR APPLICATIONS 'The fallowing people were appointed to the Committee to review the Environmental Review Coordinator applications: Patrick PorgOne appointed by Supervisor Lemke Dallea Lewie appointed by Supervisor Madigan Jim Ladd appointed by Supervisor Moseley Charles Harvey appointed by Supervisor Winston Bill Geddis•appointed by Chairman Richter 77-96 ADDITIONAL MATTER PRESENTED SY SUPERVESOR•MADIGAN Supervisor Madigan stated that there is a meeting to be held in. Fresno concerning the California Water Services Contractors Memo - 1098. The plane service is terrible at the Fresno Airport. The memo covers the subjects to be covered. ADJOURNMENT: There being nothing €urther before the Board at this time, the meeting was adjourned at 4:15 p.m. to reconvene oa Tuesday, January 18, 1977 at 9:00 a.m. ATTEST: CLARK A. NELSONS COUNTY CLERIC 1~c~ .,~~~_~ ~ ChaLra:an of the_8oard of Supervisors _.. 8oerd of 5 ervisors Clerk January t1,f977