HomeMy WebLinkAboutM013079January 30, 1979
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The Board of Supervisors met at 9:00 a.m. pursuant to adjournmento
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clef Nickelson, administrative officer; Dan Black stock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation. by Supervisor Moseley
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the minutes of January 23, 1979 were approved as
mailed with the following corrections: minute order 79-143 to read $3,175
instead of $2,175; minute order 79-159 to read FY 1978-79 instead of FY 1979-
1980 and item d. Jordan Hili Road fund balance $11,000 be changed to read:
d. Jordan Hill Road out of fund balance $11,000.
"I'1fOR~zE Jml:Rael~gsb3~~~Ep~YSOfdi~1 director, set out the background of
the salary ordinance amendment. He asked that the Board make changes
to the ordinance by deleting Housing and Community Coordinator on line
19, page 1. He would like to retain in the allocation list creating
the director°s position. They could continue to plan but also keep the
coordinator position under CETAe This would keep the classification in
the list until the funds are gone from CETA. It would remain in CETA
until action is taken. This would give more flexibility for the position.
Clef Nickelson, administrative officer, stated that Counsel has
sed that this would then be the first reading of the ordinance amendment.
Mr. Rackerby suggested that if that is the case the position
ould be 1eft.as it is now and he could come back later if there-are
oblemso
On motion of Supervisor Moseley, seconded by Supervisor Lemke
unanimously carried, the second reading of the salary ordinance amend-
that reorganizes positions in Administration; Auditor-Controller;
ssor; Caunty Clerk; CETA Administration was waived; Ordinance 1999 was
ted and the Chairman authorized to sign.
STRATI~IE OFFICER AUTHORIZED TO OBTAIN SPACE FOR MANPOWER PROGRAM IN
AND PERMISSION TO LOOK INTO THE FEASIBILITY OF COMPUTERIZATION OF THE
Clef Nickelson, administrative officer; asked that the Board
resider giving authorization for his office to investigate placing the
npower program in Chico. He also asked for authorization to make an
vestigation on the purchase of data processing equipment for the Manpower
ogram or for bringing the program into the central data processing center
the county.
Jim Rackerby, personnel director, stated that there is a four-year
rthorization bill "for CETA and a one year authorization bill. What is
'quested is a feasibility study. Before money is authorized for data
:ocessing a feasibility study is required to'.be prepared and submitted
~ the'Department of Labore There is no county money involvedo Tt would
evolve county money if the county fails to develop controls to assure
ley are complying with the CETA programs. The county can be held 1iableo
. Page 99.
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The program is $9 million this year. He did not see the program becoming
less next ,year.
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, the administrative officer was authorized to
investigate space of the Manpower Program in Chico and permission to
study the feasibility of computerization of the CETA program.
ADOPT RESOLUTION 79-22: INDIGENT BURIAL SCHEDULE OF FEES
Discussion of indigent burials held at this time. Clif
Nickelson, administrative officer, stated that it was possible if a
person was living within a cemetery district to be buried there. This
was supplemented by property taxes. It is changing slowly. Nr. Nickelson
set out why the county has used Chico in the past. The total net cost
is about $2,700 per year. It would be a Board policy to make a change
in the provider. The county was having a terrible time for indigent
burials some years back. Hall-Van Hook Cemetery is the only one that
negotiated with the county at that time. There was no other interest
shown at that time. He was aware that someone else was interested at
the present time.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-22 amending the indigent burial
schedule of fees fox certain expense categories was adopted and the
Chairman authorized to sign.
APPROVE CONTRACT WITH STATE DEPARTMENT OF JUSTICE FOR LABORATORX ANALXSIS
OF BLOOD, BREATH AND URINE SAMPLES TO DETERMINE IF A SUBJECT IS INTOXICATED:
APPROVE BUDGET TRANSFER IN THE AMOUNT OF $12,000 FROM THE RESERVE TO COVER '
COST OF TESTS AND DRAWING OF LAB SAMPLES
Clif Nickelson, administrative officer, stated that a new law
find gone into effect January 1, 1979 on the requirement that the courts
can levy an additional fee of $25 for providing of the intoxicative
tests. In that law, the state charges us $18.45 to provide us with the
urine analysis,li3oodi and breath analysis. If the blood test is given
this is done at a local hospital. They are charging the county $15.00.
Tf the county is paying $15.00 and $18.45 for the analysis of the blood
they are tossing money. Mr. Nickelson set out how this would be budgeted.
On motion of Supervisor Wheeler, seconded by Supervisors Dolan
and unanimously carried, the contract with the state Department of Justice
for laboratory analysis of blood, breath and urine samples to determine
if a subject is intoxicated was approved and the Chairman authorized to
sign; a budget transfer in the amount of $12,000 from the reserve to
cover cost of tests and drawing of lab samples was approved.
APPROVE AGREEMENT WITH MC FARREN/TARMAN ARCHITECTS FOR PROFESSIONAL
SERVICES FOR OLD ADMINISTRATION BUILDING REMODEL
Chairman Lemke stated that this would be an agreement to
remodel the administration building for the school district. The Butte
County School District is a separate taxing entity-with a board of
directors. Why should the Board assume the responsibility?
Clif Nickelson, administrative officer ,. advised that under state
law the Board must provide the Superintendent of Schools with adequate
housing and some clerical staff.
Discussion of fiscal independence for the Superintendent of
Schools held at this time. This matter will be on the agenda next week.
Mro Nickelson stated that the Superintendent of Schools already has a taxing
budget. He shares today in tt~agq~erall taxes levy to that same percentage
amount. 100.
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Mr. Mickelsonfstated that he would like to see the Superintendent
of Schools move into the administration building. There was a long term
agreement that Planning, buildings and Sanitation would move into the
present facility. This would relieve the space crunch. It is entirely .
possible to take action in such a way where the Superintendent of
Schools can say they do not want their building downtown.
Gerald Lively, deputy administrative officer, stated that
the estimate for the work is $100,000 with the contract to be 8~ of
the construction cost. He will be coming to the Board at budget time
for some estimated construction costs,
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the agreement with McFarren/Taxman Architects for architectural
services for the old Administration Building remodel was approved and
the Chairman u.authorized to sign with approprate funds to come from
revenue sharing.. AXES: Supervisors Dolan, Moseley, Wheeler and Winston.
NOES: Chairman Lemke.
APPROVE AGREEMENTS FOR CHICO AND GRIDLEX LIBRARIES ARCKITECTURAL SERVICES
AND CHICO/GRIDLEY LIBRARY CONSULTANT SERVICES
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following agreements were approved and the
Chairman authorized to signg with funding to come from construction
appropriation:
to Agreement with Gordon Northan, architect, for professional
services on the Gridley Library construction project,
2. Agreement with Lawrence G. Thomson, architect, for professional
services on the Chico Library construction project.
3o Agreement for library consulting services on both Chico
and Gridley Library construction projects,
APPROVE BUDGET TRANSFERS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the following budget transfers were approved:
B-57 Board of Su e~isors/Paradise Municipal Advisory Council.
To provide an appropriation for the Paradise Municipal Advisory Council
as per Minute Order 79-118. Transfers $500 from the reserve for contingencies
to Board of Supervisors special departmental expense,
B-58 County Service Area ~k31 (Biggs Swimming Pool). Provides
necessary funds for payment ~€o Bei~by and Benson for county share of
insurance for the swimming pool and dressing rooms (County Service Area
~~31). Transfers $251.40 from CSA appropriations for contingencies to the
general insurance accounto
B-59 County Fire Protection, Provides appropriation for the
purchase of two emergency light bars as per Minute Order 79-132. Transfers
$1,300 from maintenance of equipment in the County Fire Protection budget
to fixed assetso
B-60 Public Defenders As per contract, transfers $6,400 from
the reserve for contingencies to professional and specialized services
to cover increased compensation for the Public Defendero
B-61 Oroville Justice Court. The transfer corrects a line
item budget error by transferring $7,500 from the Oroville Justice Court
professional and specialized services to transportation and travel to cover
transportation expenses for visiting judges.
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vB-62 Sheriff/incarceration. Aue to an increase~in the jail
population, extra covexage will be required, A transfer has been
prepared to provide an additional $15,000 for the Sheriff's Incarceration
extra help budget, :funds. to come from reserve for contingencies.
APPROVE RENEWAL OF VARIANCES
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following renewal of variance to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home were approved for a period of one year:
1. Gexald J. Stephens, 206 Skyway, Stirling City, AP 59-23-0020
Zoning: A-2.
2. Mary Gregg, Evans Reimer Road, Gridley, AP 21-23-022.
Zoning: A-4.0.
DENY REQUEST FOR .PENALTY RELIEF - NETTTE GALICH
On .motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the request for penaly relief•of Nettie Galich
for AP 39-23-089 and AP 39-23-088 was denied.
APPROVE-PUBLIC WORKS ITEMS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following Public Works items were approved:
1. Approved Kelly Ridge Estates Unite~k6 final subdivision
map, accepted public utilities easements and drainage easements as indicated
on subdivision map and Chairman authorized to sign subdivision agreement.
2. Approved contract change order No. 1~ Chico River Road and
bridge (FASOS Project, SOS-007(3)) to provide for a change in specifications
regarding cement and the Chairman authorized to sign.
DISCUSSION OF EAST CHTCO, NORTHWEST CHICO AND THERMALITO DRAINAGE STUDY
REPORTS
Clay Castleberry, public works director, stated that the county
has received the drainage plans, His office is exposing them to the
cities. The drainage plans for East Chico and Northwest Chico will be
placed in the Chico Library. In about two or three weeks he will be
bringing recommendations to the Board on partial implementation. The
City of Chico is coordinating with Public Works on these drainage
plans. The City of Oroville is coordinating with Public Works regarding
the storm drainage master plan for the unincorporated area of Thermalito.
Mrs. Clark stated that she had a problem with drainage coming
down Nelson. Avenue into her property.
Mre Castleberry stated that that verifies that there are
drainage problems in the Thermaiito area.
DISCUSSION OF SACRAMENTO AVENUE STORM DRAIN ASSESSMENT DISTRICT N0. 1
Clay Castleberry, public works director, stated that the
Board formed the Sacramento Avenue Storm drain Assessment District No. 1.
The state project to construct Hwy 32 is slated for 1980. They have
said they will not proceed unless drainage is taken care of. Mr. McCain,
engineer, feels that there may have to be some changes in boundaries.
This has to be concurred in by the city. The Board will have to hold
additional proceedings. An underground utility district is being
considered in conjunction with the construction that will be coming
before the Board in a few weeps This is information; no action necessary.
age 102,
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ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Wheeler stated that she had a petition for the record
of people from the Butte Meadows area that would like to have the road
plowed. The people would .like to see the road plowed two miles further
than it is. There are five families that live beyond that point. She
asked that the Public Works Director look into the cost of plowing the.
road the additional two miles.
Clay Castleberry, public works director, stated that his office
has requests in other areas of the county similar to the one in Butte
Meadows.
Supervisor Winston stated that last June, the people said reduce
services and taxes. He will resist any additional expenses that is going
to be loaded on the backs of the taxpayers. He felt that it was their
choice to live in the area, There would have to be some essential services
cut in order to provide this service.
Mr. Castleberry stated that each winter there would be a
different cost as each winter is different. He would be happy to report
an estimate of cost.
PUBLIC HEARING DATE SET
A public hearing date of February 13, 1979 at 10:15 a.m. was
set for consideration of John Lechner proposed negative declaration and
rezone .from "S-R" (suburban residential) to "R-3" (medium density residential)
property located on the northwest corner of West 12th Avenue and Lindo
Avenue identified as AP 43-03-23 containing 0.37 acres moxe ox less, Chico.
RECESS: 9:58 apm.
RECONVENE: 10:13 a.m.
PUBLIC HEARING: FRED C. GATES - PETITION FOR VARTx4NCE TO SECTIONS 19-10
AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME AT
1131 GRAND AVENUE. OROVILLE. AP 31-25-3-041. ZONING: A-2
The public hearing on the Fred C. Gates petition for variance
to Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home at 1131 Grand Avenue, Oroville, AP 31-25-3-041, zoning: A-2
was held as advertised. Lynn Vanhart, environmental health director,
set out the background of the request. It is in order.
Hearing open to the public. 'Appearing: Fred C. Gates. Mr.
Gates requested that the petition for variance be granted.
Hearing closed to the public and confined to the Board.
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On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home at 1131
Grand Avenue, Oroville, AP 31-25-3-041, zoning: A-2 for Fred C, Gates
was approved for a period of one yearn
PUBLIC HEARII3G: FRED WATSON - PROPOSED NEGATIVE DECLARATION AND REZONE
FROM "A-2 " (GENERAL) TO "SR-1" (SUBURBAN RESIDENTIAL - ONE ACRE PARCELS)
PROPERTY LOCATED ON THE SOUTH SIDE OF KEEFER ROAD, APPRO%IMATELY 3/4
MILE WEST OF GARNER LANE, IDENTIFIED AS AP 47-32-21, CONTAINING 25.7
ACRES, MORE OR LESS, NORTH OF CHICO: ADOPT ORDINANCE 2000
The public hearing on the Fred Watson proposed negative declaration
and rezone from "A-2" (general) to "SR-1" (suburban residential - one acre
parcels) property located on the south side of Keefer Road, approximately
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3/4 mile west of Garner Lane, identified as AP 47-32-21, containing 25.7
acres, more or less, north of Chico was held as advertised.
Earl Nelson, environmental review director, set out the background.
of the negative declaration. This project .lies directly to the west of
Rancho de Thunder. The projectfs impacts are small. This is 26 acres
with a proposed subdivision of 19 lots. It is a small increment.
He recommended a negative declaration.
Bettye Blair, planning director, set out the 'background of
the rezone. The Board has received staff findings and Planning Commission
minutes. The Commission voted 4 to 1 to approve the rezone. Since this
is an unclassified zone the potential for transition to the SR-1 is
there for the entire areao
Hearing open to the public. Appearing: Fred Watson. Mr.
Watson spoke in favor of the rezone.
Hearing closed to the public and confined to the Board.
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On motion of $upervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, finding the proposed project could not have a
significant effect on the environments a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding that the proposed project is in conformance
with the Butte County General Plan, the proposed project is in keeping with
the development that .is taking place in the arga, approval of the project
is in the hest interest of the people of the County of Butte; the "SR-1"
zone is far preferable to the "A-2" zone, which zone would allow uses
that would be more obnoxious; where the "SR-1" will conform to residential
use with one acre minimum; the rezone from "A-2" (general) to"SR-1"
(suburban residential - one acre parcels) .property located on the south
side of Keefer Road, approximately 3/4 mile west of Garner Lane, identified
as AP 47-32-2I, containing 25.7 acres, more or less, nortb, of Chico was
approved; Ordinance 2000 was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 79-23 ADDING RULE 30 THROUGH RULE 32 OF THE RULES OF
THE BUTTE COUNTY ASSESSMENT APPEALS BOARD
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-23 adding Rule 30 through Rule 32
of the Rules of the Butte County Assessment Appeals Board was adopted and
the Chairman authorized to sign.
Dan Blackstock, county counsel, reported on the status of the
assessment appeal filings as of this date. There were 2190 applications
filed. There are 669 stipulations or withdrawals, leaving 1,600 applications.
He hoped that the number will be brought down. As a result of the
Assessment Appeals Board meeting, the Chairman is addressing letters to
two separate categories, one on the tax rate on the unsecured rate and
the other regarding the 27 increase since 1975. These applicants are
being advised that their applications will be dismissed within 30 days
unless they care to amend their applications relative to actual evaluation.
He recommended to the Assessment Appeals Board that the applicants be
given every opportunity to amend their applications. He is also preparing
for the Assessment Appeals Board a chec~.list of items to consider under
the new rules. A considerable number of appeals will be brought in for
pre-conference hearings. The people will be asked to discuss the matter
with the Assessor to see if some stipulation can be reached. They will
go over the rules and evidence required and to try to work out a mutually
convenient hearing date. Page 104.
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Mr. Blackstock reported on the two cases in Alameda and Contra
Costa Counties. In Alameda County the taxpayers were successful in
obtaining a Superior Court injunction. The Court ruled that State Board
of Equalization xule 460 was legal and constitutional. That is the
rule that this county is following. He set out how Alameda County has
done their assessments over the last five or six years.
Mr. Blackstock advised that the Assessment Appeals Board would
probably be tying up the Board room except for when the Board, LAFCo or
BCAG are in session, He will report back to the Board at a later date
on the progress.
APPOINTMENT TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT - DISTRICT 2
CON'~INUEA TO FEBRUARY 6, 1979
The appointment to the Butte County Mosquito Abatement District
by Aistrict 2• was continued to February 6, 1979,
APPOINTMENT TO THE COUNTY JUSTICE SYSTEM AAVISORY GROUP
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Ray Cheroske, Children's Home Society, was appointed
as a member to the County Justice System Advisory Group.
APPOINTMENT TO PARADISE VETERANS MEMORIAL HALL COMMITTEE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following were appointed as members to the
Paradise Veterans Memorial Ha11 Committee:
William Holding
Rod Gricourt
DISCUSSION: ROADLESS AREA REVIEW AND EVALUATION (RARE II)
Supervisor Winston stated that the Board had received a report.
He made inquiry of several agencies. He found one objection.
Supervisor Dolan stated that she fouibd a lot of acreage that
still is to be studied. The studies go on.
No action taken,
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COMMUNICATIONS
Gerald G. Dixon, Chico. The Dixons write in opposition to Greentree
Estates (Midway Orchards) located on the east side of midway
between Chico and Durham, To be placed in the file for the
hearing,
Mra and Mrsa P, Kilbourne, Paradise. The Kilbournes write expressing
their preference of zoning (A-2 limited) at .their residence
at 5803 Sawmill Road, Paradise, To be placed in the file fox
the hearings.
Tony Panacaldo, III - mayor, Gridley. The mayor writes requesting
support for SB 110 which would amend the Brown Act. To be
considered later in the hearing.
Royal Air Force Apiaries, Inc. The Organization writes expressing their
concerns over the proposed bee ordinance for the County of Butte.
To be placed in the file for the. hearing.
Fred Wo Harrington, Paradise. Mro Harrington writes commending the Board
for their su~port of the Butte County Rural Senior Services
Project. In ormatio~g ~ol~~tion taken.
January 30,.-1979
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ADOPT RESOLUTION 74-24 OF APPRECIATION FOR MARGIE CATT
On motion of Supervisor Winston, seconded by Supervisor Nfoseley
and unanimously carried, Resolution 79-24 of appreciation for Margie Catt
was adopted and the Chairman authorized to sign.
DISCUSSION: SB 110 WHICH WOULD AMEND THE BROWN ACT
Supervisor Winston stated that there was good and sufficient
reason to enact the Brown Act. He could not visualize an emergency
for time necessary to legally call this Board into action. The Chairman
is the Chief :vf State in an emergency.
Clif Nickelson, administrative officer, stated that any sort
of disaster the Chairman assumes power right away.
Discussed; no action taken,
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Winston stated that the Board had received a memo
regading an appointment to the Building Code of Appeal s, Board, He
urged that someone from Paradise be appointed.
Ghpirman Lemke stet@d that the Board had received a leer
from the Sacramento Safety Council, Inc. In December, they had sent
a letter to the Chairman announcing expansion of their services.
Chairman Lemke to investigate the Council.
Supervisor Winston appointed to the Butte County Council of
Local Disabilities Board.
SUPPORT CITY OF CHICO PETITION WHEN AND IF THEY DECIDE TO FILE RE:
REDUCTION OF HUGHES AIRWEST FLIGHTS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, Counsel is to join with the Gity of Chico
petition when and if they decide to file it regarding the reduction of
the Hughes Airwest Flights.
COUNSEL TO PREPARE LETTER TO LEGISLATURE FOR AGENDA FEBRUARY 6, 1979
RE: OPP052TION TO AIR RESOURCES BOARD ATTEMPT TO HAVE LOCAL DISTRICTS
BEAR BRUNT OF EXPEN5ES
Counsel was authorized to prepare a letter to the legislature
regarding opposition to Air Resources Board's attempt to have local
districts bear the brunt of expenses for consideration by the Board
on February 6, 1979.
RECESS: 10:50 a.m.
RECONVENE: 11:05 a.m.
LETTER TO MR. QUINN, AIR RESOURCES BOARD,. AND GOVERNOR BROWN AUTHORIZED
RE: REQUIREMENTS OF SECTION 41850 AND APPOINTMENT OF QUALIFIED AGRICULTURALIST
TO AIR RESOURCES BOARD
Ernest E. Hatch spoke regarding concerns to changes in the
agricultural burning guidelines that could have impacts on agricultural
in this county. In 1970 the California State Legislature adopted
air pollution control laws.on the subject of agricultural burning;;
section 41850. The law as stated was that it is the intent of the
legislature that agricultural burning be reasonable, regulated and
not be prohibitedo Reference was made to the importance of the viab,l.e_.,
agricultural economics in the stated
Page 106.
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Early in January of this year the agricultural interests came
into possession of a letter from the Attorney General's Office dated
November 28, 1978, signed E. Robert Wright, addressed to Ms. Leslie Krinski,
deputy counsel, Air Resources Board. The proposal was made that
section 41850 be struck in its entirety and-section 41850.5 be added
in its place. The legislative intent be revised to read the intent of
the legislature be enactment of this article that agricultural burning
be phased out as it becomes technically possible and until then permitted
when it is, not significant, but be prhhibited when agricultural burning
will have a significant effect on air quality: or public health in the
air basin. This is different language from the 1970 legislation.
At this point it reflects upon the basic economic effects
on Butte County. Agriculture is Butte County's basic industry. Agriculture
is Butte County's No. 1 economic source. Since 1973 the annual agricultural
gross income in Butte County has been $125 million. Using the economic
axiomatic figure of 7 it took the gross income figure to $875 million
in expenditures and funds generated by agri:ep~ltural production, Rice
is the county's No. 1 crop with an annual production of 4-1/2 to 5 million
bags at $35 million, Wheat and Barley, 42,900 acres; Almonds, 31,000
acres; Walnuts, 12.,000 acres, prunes, 9,000 acres and peaches 4,182.
Rice has more abusive comments from Mr. Wright, "Rice is an unfortunate
crop for California in terms of water conservation as well as air
pollution." About one-third of the rice that has water goes into the
ground to re charge the underground water table. About one-fifth is
drainage run off downstream use.
Mr. Hatch stated that the rice is not burned to be hateful or
mean. This is for disease abatement. This helps to stop stem rot.
It is almost impossible to put the rice underground with plowing after
the harvest because of the stem rot and the wet ground. This would
reduce the crop yield. Without a reasonable degree of agricultural
burning the rice industry is in trouble.
Mr. Hatch suggested that the Board draft a resolution to Tom
Qung,chairman Air Resources Board, supporting keeping section 41850
in force as intended by the legislature. That the economic impacts
be recognized by ARB. That the Board consider a recommendation t'o--have
Governor Brown appoint a qualified agriculturalist to fill the vacancy
on the AILS,
It was moved by Supervisor Winston, seconded by Supervisor Moseley
that a letter be written to Mr. Quinn, ARB, calling his attention to
the requirements of 41850 as requested by Mr. Hatch,. and that a, letter
be drafted to Governor Brown asking for a qualified agriculturalist
to be appointed to the ARB vacancy.
Gerald Geiger, president, Butte County Farm Bureau, stated
that he would seconds Mr. Hatch's comments. He would like to go further.
In the proposed changing of the intent of the legislation there is question
as to the reasonableness of the technique of the way they are burning.
Lhey would like some help on this. The Farm Bureau is in the process
of negotiating with a qualified person to develop statistics on the
long range weather pattern for this area. Some of the days that have
been given to this area have not been good burn days.
Motion amended: letter to include recommendations as made by
Kr. Geiger on the part of the Butte County Farm Bureau and Mr. Geiger
to be contacted.
Page 107.
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,~ Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Lemke
NOES: None
Motion carried.
214 APPEARANCE: DOROTHY SULLIVAN;ANi3.~BOBBX':sSHEEN BERRY CREEK
Ms. Sullivan stated that she was representing a group of
citizens in the outlying area surrounding Oroville. She was here
because they would like to build on their property and not have to
ask permission to build on their own land, She asked that the Board set
up minimal guidelines. They have been constantly harassed by the
Building Departmento .She. asked that the Board place this matter on
the agenda at the end of March which will give them appropriate time
': to formulate their ideas.
Supervisor Winston stated that he was surprised at the visit
today. He was asked to attend a meeting in Berry Creek, which he did.
Supervisors Dolan and Moseley also attended the meeting. At that meeting
he was informed of certain inequity. He suggested that if they would
select a committee heat he would arrange a meeting with Mr. Glander and
Mr. Castleberry. That meeting was held at the Public Works Office.
He had felt at the end of that meeting that about one-half of the
problems could be handled on an administrative basis, The others
would require legislation, He suggested that a letter be written by
the group setting forth their grievances and upon receiving the letter
he would try to have some of the problems resolved. As of this date,
he has not received such a letter. He could not visualize being more
responsive.
Ms. Sheen stated that when Supervisor Winston had appeared
at the meeting at Berry Creek she was unable to attend the meeting.
When this meeting took place, it only affected Berry Creek. Now it
is county-wide. They have been going to the different areas of the
county talking with people about the building rules. They have gotten
quite a bit of support for the outlying areas. They decided because
so many people were involved that they needed time to formulate something
for all parts of the county. The; reason they are here today is because
the Building Department is taking someone to court. She felt tha t
not~iing was said that has not already been said.
Supervisor Winston stated that after the meeting they were
in the process of considering some changes that could be made to take
care of the changes. They are still waiting to heax from the group.
He felt that the group should have had the courtesy to let him know
that they were contacting people outside of Berry Creek and that the
', letter would be coming later.
Clay Castleberry, public works director, stated that at the
meeting he felt there were some areas that could be changed. He did not
think that all of them could be changed. He does not have any proposals.
', He would be willing to accept ideas anytime. His department will wait
.until they hear from the group.
Chairman Lemke advised Ms. Sullivan and Ms. Sheen that they
sltou1.d work towards the end of March for their presentation and work
through and with Public Works and bring this matter back to the Board.
Page 108.
January 30, 1979
January 30, 1979
79- 215 APPEARANCE: ..PHYLZTS BRUCE PARADISE
~'' Ms, Bruce stated that the Board made a decision to do away
with the A-2 limited zone. She wanted to know who had supported the
elimination of the zone. She sympathized with the rice farmers in
the county.
Ms. Bruce spoke regarding the drainage problem on Skyway
that she is having. She knows that the county wants her. to deed five
feet to the county for the drainage. She felt that it is the responsibility
of the county to fix the problem.
Clay Castleberry, public works director, stated that he. has
talked with Mrs. Bruce regarding this matter. The county offered to
put in a pipe if an easement was provided to the county that was wide
enough. There are other property owners involved. At that time, the
easement was not provided to the county to put the pipe in. They had
money at that time to put this in but the collective property owners
did not provide the easement. He did not have the answer today.
ADJOURNMENT .
There being nothing further before the Board at this time,
the meeting was ad3ourned at 11:45 a.m. to reconvene on Tuesday,
Feb~xuary 6, 1974 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COi3NTY CT.ERK~
RECORDER and ex-officio Clerk
of the Board of Supervisors
C. ", Chairman, Board of Supervisors.
By _
Page 109.
January 30, 1979