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HomeMy WebLinkAboutM013079January 30, 1979 OF CALIFORNIA ) SS. OF BUTTE, ) 79= ~, 185 186 'r 187 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. January 30, 1979 i~ 79'- b'! l88 189 190 January 30, 1979 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. January 30, 1979 79'- ~I 1411 192 I January 30, 1979 - ~ ~ ~ . ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ T - - _ _ _ _ _ _ - 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. Page 101. January 30, 1979 79:- 3i 193 194• II 195 196 1971 January 30, 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ ~ ~ T T _ - - - - - - - _ 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, January 30, 1979 79- 198 3 199 200 January 30, 1979 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. 201 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 Page 1030 January 30, 1979 79- 3 January 30, 1979 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. 202 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. January 30, 1979 79- 3'' 203 2041 2051 206 January 30, 1979 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, 207 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 79; 208 $; 209 210 211 212 213 January 30, 1979 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. January 30, 1979 January 30, 1979 79- 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. January 30, 1979 January 30, 1979 79:- ,~ 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