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HomeMy WebLinkAboutM031379March 13, 1979 STATE OF CALIFORNIA } SS. OF BUTTE The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Mickelson, administrative officer, by Mike Pyeatt, assistant administrative officer; Dan Blackstock, county counsel, by Jim Griffith, deputy 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 APPROVAL OF MINUTES On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the minutes of March 6, 1979 were approved as mailed. 421 APPROVE REVISED CETA PiJBLTC SERVICE EMPLOYMENT (PSE) AGREEMENT AND REFER HGl,D HARMLESS CLAUSE WITH STATE: OF CALIFORNIA TO CETAC Jim Rackerby, personnel director, stated that the PSE agreement has been drafted to comply with the policy position. Many agencies do not have the administrative ability nor the staff to hire CETA and them wait for reimbursement. If there were some way to put the peogle on the county CETA payroll and have the county pay directly this would help. This is done with some. of the CETA programs at the present time. Many of the agencies are saying that they are unable to take CETA personnel and use them unless another method of paying the employees is arrived at. The present agreements call for the agency to pay the employees` salaries and then wait for reimbursement. The contract was presented to counsel and one question that was raised deals with the state's insistance that the hold harmless clause be limited to their ability to pay. This could be catastrophic for the county. 422 Mr. Rackerby stated that another problem was at a meeting~of the CETAC representatives with the Department of Labor. There was discussion of outstationing. The representative at that time had no comment. Yesterday. he received a letter from Josephine Smith in which she acknowledged the fact that at the meeting the regulations state that work site employees that go to other agencies that this must be proved as the employing agency.. Phat was taken out of context with the Act. For work site projects the Lack of administrative ability and the Lack of employee benefit may be considered suitable work site projects of outstation employees. He is ~onfortable with that position. Mrs. Smith, Department of Labor, stated that she did not know rhether the county can justify the outstation program. She did not think .t was the intent to deny the outstation project. It is whatever is best `or the participant. If the participants are not going to benefit by staying with the employing agency then perhaps the county can justify t will be beneficial for them to stay with the county. If the reason .s because the employing agencies do not have the administrative capabilities and this is documented she saw no reason not outstation. She understood :hat the final regulations might be relaxed somewhat. Supervisor Winston stated that Butte County has the same budget blems with post Proposition 13 as the other agenies. Page 180. March 13, 1979 1~Sarch 13~ 19J2 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mr. Rackerby stated that the simplest procedure is for the county to outstation and the job supervisor would fill out the time :card and Send it to CETA where the payroll would be made out. It removes a whole lot of administrative costs. The problem is that there are agencies that have utilized CETA effectively. These agencies are saying the whole CETA program is changing and if they have to use administrative costs on top of the program then they cannot use the CETA program. If the county got to that point, he will be making the recommendation to send back large portions of funds to the federal government. These are some of the reasons that they are having trouble spending the money. The program is to bring people in at the entry level and give them skills. Mr. Rackerby stated that there would not be a need for additional people in his office to handle the 260 or 270 additional PSE payrolls. These are the employees that are now under reimbursement to 1S different agencies. His office would not have to audit claims and then have .to go to the Auditor for auditing again. This would eliminate a whole account procedure and have direct time card control. The only way to place federal employees is through outstationing according to the regulations. This section is causing havoc. He felt that in some instances the outstationing could not be justified. Every school district in the county could use outstationing. The state has had CETA employees since 1970 and for seven or eight years they have not encountered any serious problems. Supervisor Winston stated that it is Brightening when the responsibility for training the personnel is with the state and someone acts in such a manner to have it go to a lawsuit. The state then says sorry we trained the person but we are not responsible. 423 424 4 25 Mr. Rackerby stated that the state has hardened its position. t is not only the ability but their budget which is completely different. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the revised PSE agreement was approved and the director was authorized to execute with eligible agencies with the hold harmless clause with the state of Claifornia to be referred to CETAC. AYES: Supervisors )o1an, Wheeler and Chairman Lemke. NOES: Supervisors Moseley and Winston. ?.UTHORIZE PERSOPINEL DIRECTOR TO DEVELOP NECESSAR~ATELLITE CONTRACT WITH 3UTTE.COUNTY HOUSING AUTHORITY TO INCLUDE HOUSING AUTHORITY EMPLOYEES 'IN SHE COUNTY EMPLOYEE HEALTH INSURANCE PLAN On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the Personnel Director was authorized to develop .he necessary satellite contract with the Housing Authority to include " dousing Authority employees in the County Employee Health Insurance Plan Eor the Chairman's signature. )ECLARE SCRAP METAL SURPLUS AND AUTHORIZE PURCHASING DEPARTMENT TO SELL 3Y SEALED BTD On motion of Sugervisor Dolan, seconded by Supervisor Winston ind unanimously carried, approximately IO to I5 tons of scrap iron and steel was declared surplus and the Purchasing Department was authorized :o sell the scrap metal by sealed bid. )ECLARE BUILDING 28 (A55ET 202028) SURPLUS AND AUTHORIZED DEMOLITION On motion of Supervisor Winston, seconded by Supervisor Dolan end unanimously carried, building 28 (asset 202028) was declared surplus ind demolition of same was authorized. Page 181. March 13, 1979 ____________ March 13~ 1979 ______________~~_ 426 427 428 429 AUTHORIZE PURCHASE OF JAIL TOILETS On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the purchase of 19 stainless steel toilets for the jail was authorized. AUTHORIZE ADMINISTRATIVE OFFICER TO EXECUTE LETTER OF AGREEMENT TO PROCEED WITH OVERALL ECONOMIC DEVELOPMENT PLAN (OEDP) UPDATE On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the Administrative Officer was authorized to execute letter of agreement with the Small Business Development Center at California State University, Chico (CSUC) at no cost to the county to proceed with the Overall Economic Development Pian (OEDP) update. AUTHORIZE AERIAL FLIGHTS AND PHOTOGRAPHS -- ASSESSOR On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, aerial flights and photographs for the Assessor in conjunction with the U. 5. Agricultural Stabilization and Control Service was authorized at a cost of $1,300 plus prints at a cost of $1,700. AUTHORIZE FIRE EQUIPMENT RELOCATTON On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, fire equipment relocation for two fire engines and a fast attach unit was authorized as follows: one reserve engine at Feather Falls, one at Forest Ranch and the squad at Stirling City. 430 ADOPT RESOLUTION 79-41 AUTHORIZING CHICO MUNICIPAL COURT JUDGE TO SIGN COURT WORK REFERRAL PROGRAM (CCCJ) GRANT APPLICATION Supervisor Winston stated that it was his understanding that there were matching funds of $11,656 which is in the budget. Supervisor Winston read an editorial regarding LEAA at this time. He assumed that the Board would say when~the work referral program comes up the county will not use matching funds. He felt that the work referral could be handled within the department. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, Resolution 79-41 authorizing the Chico Municipal court Judge to sign the Court Work Referral Program (CCCJ) grant allocation in the amount of $20,431 (federal participation - $8,775 and local match - $11,656) for the period March 15, 1979 through March 30, 1980 with local Funds to be used pending arrival of federal funds and the Chairman authorized to sign. 431 APPROVE BUTTE COUNTY FAIR BUDGET TRANSFER .1979-1 On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried,. Butte County Fair budget transfer 1979-1, a transfer ~f $4,000 from the unbudgeted reserve to the maintenance special repairs account in order to provide for materials for major and deferied maintenance projects was approved and the Chairman authorized to sign. 432 1PPROVE BUDGET TRANSFERS 0n motion o€ Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the following budget transfers were approved: B-94 Federal Revenue Sharing. Transfers $62,000 from Revenue iharing Plant Acquisition (Chico Library) to public works improvements ;Chapmantown road and bridge construction) in order to have the necessary =unds for completion of the public facilities projects. B-95 Sheriff-Coroner Incarceration. Transfers $4,500 from the reserve to household expense in order to provide for the purchase and -eplacement of 100 mattresses Deeded for the jail. Page 182. March 13, 1979 7S 433 434 435 _____________March 13;1979___________ B-96 Assessor. Transfers $450 from office expense to special departmental expense in order to provide an additional appropriation brought about by the increased cost for film supplies. B-97 Assessor. Transfers $3,000 from transportation and travel to professional and specialized services in ordez to cover the cost of aerial flights in conjunction with the U. S. Qgzicultuzal Stabilization and Control Service and aerial photo punts. B-98 Auditor-Controller. Transfers $8,000 from salaries and wages, $1,500 from professional and specialized services and $550 from transportation and travel; with $10,000 going to extra help and $50 to overtime in order to cover the increased costs of extra help and overtime due to the extended delay in filling vacant positions and the need to make numerous corrections to the tax rolls.- B-99 Civil Disaster. Transfers $150 from maintenance of equipment to office expense in order to cover the greater than .anticipated cost of copying and postage charges for the 911 planning program. B-100 Gridley Sustice Court. Transfers $100 from jury and witness expense to transportation and travel to cover higher than anticipated mileage cost for visiting judges assigned to the Gridley Court. B-101 Chico Municipal Court. Transfers $6,000 from the reserve with $4,000 going toward extra help and $2,000 from transportation and travel to cover the cost of mileage and per diem for assigned visiting judges and to provide an additional appropriation to extra help to cover the loss of CETA clerks due to changes in the CETA program and a resignation of the courtroom clerk. B-102 Air Pollution. Transfers $70.70 from maintenance of equipment to fixed assets -equipment to cover the cost of a vehicle that was approved in bid 49-79 as approved by the Board of Supervisors on March 6, 1979. B-103 .Community Action Program - OEO (Housing Weatherization Program). Transfers $1,797 from in-kind contributions and together with revenue from the Community Services Administration in the amount of $43,303 establishes a budget appropriation for the 1979 EOC Weatherization Program as approved by the State Office of Economic Opportunity. The period of the grant is from September 4, 1978 to September 30, 1979. AUTHORIZE USE OF RURAL HOME REPAIR FUNDS (HCD) OUTSIDE OF TARGET AREAS On .motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the use of rural home repair funds for HCD was authorized for use outside of target areas. ADOPT RESOLUTION 79-42 SUPPORTING AS 226 CONCERNING GENERAL CLERK'S FEES SUCH AS MARRIAGE LICENSES, NOTARY PUBLIC, POWER OF ATTORNEY, ETC.' On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 79-42 supporting AB 226 concerning general Clerk's fees such as marriage licenses, notary public, power of attorney, etc. was adopted and the Chairman authorized to sign. 2ESOLUTION SUPPORTING AB 425 CONCERNING THE INCREASE IN GENERAL CLERK'S FILING FEES TO COVER THE COST OF DOCUMENT FILING AND PROCESSING - ~ONTINUED TO MARCH 20, 1979 Administrative Office to gather additional information regarding the increase in filing fees as opposed to the operating costs. Page 183. March 13, 1979 C - - - - - - - - - - 1'1aS~[~1 ~~.. 19~~ - - - - - - - - - - - - - - - - - The resolution supporting AB 425 concerning the increase in , general Clerk's filing fees to cover the cost of document filing and pro- cessing was continued to March 20, 1979. 436 437 PUBLIC HEARING DATE SET A public hearing date of March 27, 1979 at 10:00 a.m. was set for consideration of Forrest McNabb petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 1, Box 25 (Oak Lane, Durham, AP 40-26-21. Zoning: A-5. APPROVE COUNTY DRUG ABUSE PLAN (1979-$0) AND AUTHORIZE SUBMISSION OF PLAN AND PROPOSED BUDGET TO THE STATE Dr. Svihus, public health director, was present to discuss the dung abuse plan. There is counseling in the program. There is an increase in effort to prevention with the schools and families. He hoped that this is one part of the program that will become smallex in time. The state prescribes the format for the plan. Mr. Fontana stated that part of the plan is to take a look at the areas. There are priority levels. There was :.a need to describe the different areas in the county. There are a number of programs. There are two projects with the schools. Mr. Fontana set out the programs within the schools at this time. The program is in its fourth year. The rural drug programing has finally come into existance to meet the surface needs. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the county drug abuse plan (1979-80) was approved and submission of the plan and proposed budget to the State Department of Alcohol and Drug Abuse was authorized .with the proposed budget of $161,362 100 state funded. RECESS: 10:07 a.m. RECONVENE: 10:20 a.m. 438 PUBLIC HEARING: ELIZABETH V. ETSENHOUR - (MARY BALL AND EVELYN MAR) APPEAL OF PLANNING COMMISSION'S DENIAL OF A REZONE FROM "SR" (SUBURBAN RESIDENTIAL) TO "A-5" (AGRICULTURAL) PROPERTY LOCATED ON THE SOUTH SIDE DF BELL ROAD, APPROX. 50 FEET WEST OF ALAMO AVENUE, CHICO, AP 42-02-13 The public hearing on the Elizabeth V. Esenhour Mary Ball and Evelyn Mar) appeal of Planning Commission's denial of a rezone from "SR" {suburban residential) to "A-5" (agricultural) property located on the south side of Bell Road, approximately 50 feet west of Alamo Avenue, Chico, AP 42-02-13 was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. This project has been before the Board before. At the time the original request was to rezone from "A-5" to "S-R". The area is three acres surrounded by different types of agricultural uses to scattered residents. The area was zoned "A-5" a number of years ago. This is the first change from that zoning. Chere is a possibility of this setting a precedent for other zone changes. Ch is property is to the west of the northwest Chico rezone. Everything along the west boundary was changed to one acre minimum from Cussick Avenue. 3e recommended a negative declaration. Discussion of culmative effects held at this time. Mr. Nelson stated that cu3:mative effects are to speculative at this time. The size ~f the environmental effects in this rezone is relatively small. Page 184. March 13, 1979 March 13, 1979 79f al Bettye Blair, planning director, set out the background of the rezone.. The rezone was challenged as to the adequacy of the notice. The Board's approval of the rezone from "A-5" to "S-R" was referred back to the Planning Commission on January 2, 1979. The Planning Commission, on the adtrise of Counsel in as much as the "S-R" has been accomplished, went into hearings from "S-R" back to "A-5". The Board has copies of the Planning Commission minutes and findings. The Commission denied the rezone from "S-R" to "A-5". As stated in the county general plan this is low denisty residential. It is three acres more or less. She had placed a map on the wall showing the existing uses at this time. Hearing open to the public. Appearing: 1. Gerald Bonds. Mr. Bonds stated that he was appearing on behalf of himself and several letter writers. He read a letter in opposition to the zoning of "S-R". The letter had been written by Wallin J. Carlson. Mr. Bonds stated that the property owners had had the property zoned "A-5° several years ago. Now this zone has been broken down. He asked that the Board change the zoning back to the A-5 zoning. He left letters with the Board. 2. James Owens. P4r. Owens stated that the first hearing, was deficient. It was the decision of Counsel to send the matter back to the. Planning .Commission and the hearings were held. from zoning from "S-R" to "A-5". He did not feel that they were necessarily legal. Several landowners did not receive.- notice. It went to the Planning Commission and instead of having good planning, the Commission recommended due to the fact. that a promise was made by the Board the decision was based on a promise. He felt that the rezoning was going from °A-5" to "S-7.t". There is agricultural land directly northwest of the rezone. He felt that if the property were allowed to be in "S-R" zoning this would be allowing the jumping of the buffer zone in the northwest Chico rezone. He felt that this would be creating spot zoning. Supervisor Wheeler stated that when the Planning Commission first heard the matter the rezone had been denied. 3. Ben LaPlant. Mr. LaPlant was against the "S-R" zoning. 4. James Dunn. Mr. Dunn spoke against the "S-R" zoning. He was concerned that this would be the start of "S-R" zoning in the area. If this happened there would not, be any livestock allowed. 5. Bob Jeffrey. Mr. Jeffrey set out what was happening to agricultural land at the present time. He asked that the Board put the area in "A-5" zoning. 6. Mary Ba11. Ms. Bail presented seven letters in opposition to the "S-R" zoning. She read the letter from Evelyn Mar. She stated that she awned 20,100 square feet of property. Whether she has one acre or one inch of land does not make any difference. She felt. that the Board should preserve agricultural land. She felt that the area should be kept "A-5" zoning. 7. Emma A. Dunn. Mrs. Dunn spoke against the "S-R" zoning. 8. Lee Turner. Mr. Turner stated that just because a person took advantage of a small piece of property that was for sale in the past should have no bearing on the hearing today. He did not want the zoning broken down. Page 185. March 13, 1979 ___________= March 13, 1979 =oooo~a W oC~..=__ 9. Neil McCabe. Mr. McCabe stated that he was representing Elizabeth Eisenhouz. This proposal is to go from "$-R" back to "A-5". He stated that he opposed this change in zoning. There would be a three acre parcel going back to "A-5" and is not in conformity with the zoning. The Board unanimously approved the "S-R" zoning last year. Mrs. Eisenhour asked according to that zoning and filed a parcel map. The parcel map is 1/2 acre parcel, .7 acre parcel, .8 acre parcel and a .9 acre parcel. She is committed to that development. She. paid the fees to file the map acting on the "S-R" zoning that the Board adopted. This also includes engineering fees and attorney fees to try to maintain her position. The reason this matter is back before the Board is because of a technical defect. The notice was published and mailed to the closest owners. For some reason the mistake was made and some people did not get a mailed notice. There was a petition sent to the Board in December, 1978 indicating people were seeking reconsideration. It indicates the people did not go to the Board hearing in November, 1978 because they thought the Board wouldn't approve it'. Some of them did not go to the meeting because of no notice. Many of the issues are old issues. There are already so many small lots in the area. Mr. McCabe stated that the Board should look closely at the map in relation to the number of small parcels in the area. The Planning Commission has now voted 4 to 0 to leave the zoning as it is. Since the matter was before the Board, the northwest Chico rezone has been adopted. This is recognization that the small lots are there and it is not agricultural area. Mrs. Eisenhour is on the fringe of the rezone area. On 3anuary 23, 1979 the Board approved the concept of making lot improvements on Shasta and Lassen Avenues. This indicates that it is developing. Mr. McCabe presented a proposed exhibit list. Exhibit A is a map obtained from John Stutz who made a survey in the area before the matter went to the Planning Commission the second time around. This shows the large parcel owners who are opposed to "A-5" zoning. Exhibit B is a copy of the petition that was presented to the Planning Commission in favor of retaining the "S-R" zoning. Also included is a one page petition that was not presented at the Planning Commission level. There are 25 signatures on the original petition and eight signatures on the additional page. Exhibit C is a color coded map showing the size of the parcels in the area. Exhibit D is a copy of the notice of this hearing. The point of this document This shows that there are in the vicinity of 29 parcels within 300 feet of the Eisenhour property. Exhibit E is a group of picture. These are pictures taken in the area. A-1 and A-2 are Aloha. A-1 is tike east side of Aloha.. B-1 to B-5 is the southwest from Bell Road. B-1 is adjacent to the property. The open area in B-1 is a portion of the subject property. These photos are moving west still looking southwest off Bell Road. C-1 and C-4 go the other way back east on Bell to Bell and Alamo. The pictures then turn south. C-2 and C-3 are on one side of the Street. C-4 is across the street. There are several mailboxes in the pictures C-2 and C-3. Exhibit F is the parcel map submitted by Mrs. Eisenhour. This is a modest proposal. The agricultural preservation issue is important. Mrs. Eisenhour is not devoted to agricultural purposes. There is an. existing home and barn. This is not a commercial agricultural piece of property. It is not being used for agriculture. He was not aware of a drainage or sewer problem. He asked that the zoning be kept in "S-R" zoning. 10. Elizabeth Eisenhour. Mrs. Eisenhour stated that most of the people complaining about saving agricultural land already live on subdivided land. RECESS: 11:16 a.m. RECONVENE: 11:25 a.m. Page 186. March 13, 1979 79 March 13, 1979 = _ _ _ _ _ _ _ - T ~ _ - - ~ ~ _ ~ _ _ _ _ _ ~ W ~ _ _ _ - - - _ _ _ _ 11. Neil McCabe. Mr. McCabe stated that Mrs. Eisenhour felt that she had acted in good faith. She felt that the rug was being pulled out from under her. She asks that the Board consider .the merits of the situation and leave the zoning "S-R" as it is. Her first receipt from the county was July 26, 1978. She vranted to point out the language from the negative declaration dated December 12, 1978. The zoning requested is consistent with the General Plan as not presently designated as present agricultural land. 12. Tom McCrady. h4r~. McCrady stated that he had appeared before the Board in December with a petition of 86 land owners in the northwest Chico area plus a few names of individuals who do not own land. These petitions were signed by individuals who wanted to see property west of Alamo in "A-5" zoning. At the time the zoning was brought up in 1966 there was much concern about the existence of subdivisions and developing west of Alamo, in patricular the trailer area on Aloha. That area was sneaked under the wire prior to the "A-5" zoning. The General Plan is now being revised. He submitted three letters: Mr. and Mrs. Raymond Salo, Ida and Robert Besser and Harold Berger. Mr. McCrady read the letter from Mr. Berger at this time. ' 13. Elisa Turner. Mrs. Turner stated that the people of the area spent years and years trying to get the "A-5 " zoning for their area. Mrs. Eisenhour knew the property was zoned "A-5" and tried to change it. She presented letters from: Don Heffren, Jim Siemens and Floyd Baker. Supervisor Dolan submitted a letter from Mabel Clark in opposition to the "S-R" zoning. Hearing closed to the public and c onfined to the Board. Supervisor Winston stated that he should have waited on dais rezoning matter until after the northwest Chico rezone had been completed. It is not very often that a person has the opportunity to correct what he considered wrong. The Board did incur and obligation. He felt that at this point ::chat to allow any future division of land would not serve the area. The area south of Bell Avenue was zoned "A-5". He had to agree to allow any future divisions of land in there would abrogate the understanding that wa's a buffer zone in order to affect a compromise that has served effectively to free the Chiio community. Therefore, he could not be .-:_ supportative of the rezone of the property to "S-R" and will oppose the effort to do so. Supervisor Moseley stated that she was concerned with agricultural land.She realized that it is something to look down the road for the future. Also, she beileved that they are maybe using this to get the things they want. The government is telling us that within the next two years there will be new agricultural land already to go. Things change. She was supportive of the "S-R" zoning. Supervisor Dolan felt that any new land could have a higher price and energy use. She agreed with Supervisor Winston. She felt that it would break the whole zoning in the area. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, finding the proposed project could not have a significant effect on the environment a, negative declaration was adopted. It was moved by Supervisor Dolan, seconded by Supervisor Winston that the appeal be upheld and the rezone from "S-R" to "A-5" be approved finding that it is in conformance.:with the. policy statements of the General Plan and necessitates action to uphold the previous actiorn to uphold a buffer zone. Page 187. March 13, 1979 •--_______ _,~ March 13_, 1979 =____________=_ 439 Supervisor Wheeler stated of agricultural land. There is mor been predicted _thaE 1980 will be t Board did make a committment. that it was time to dispel the lack land under agriculture now. It has e golden year of agriculture. The Chairman Lemke stated that it is about time that the Board started using logic. There 'might be 1-1/2 acres to grow something on. All of the letters presented and the evidence that has been presented are from people living on parcels previously small enough to have been included in "S-R" zoning. Vote on motion: AYES: Supervisors Dolan and Winston NOES: Supervisors Moseley, Wheeler and Chairman Lemke Motion fails. On motion 'of Supervisor Moseley, seconded by Supervisor Tdheeler and carried, the property was left in the "S-R" zoning and not changed to "A-5" with the finding that it is consistent with the land use element of the General Plan, AYES: Supervisors Moseley, Wheeler and Chairman Lemke. NOES: Super<~isors Dolan and Winston. RECESS: 11:50 a.m.' RECONVENE: 11:55 am. ADOPT RESOLUTION 79-43: PUBLIC HEARING: CONSIDERA"s'ION OF TRANSFER OF FUNCTIONS OF THE SUPERINTENDENT OF SCHOOLS FROM THE BOARD OF SUPERVISORS TO THE BOARD OF EDUCATION ~" The public hearing on consideration of transfer of functions o£ the Superintendent of Schools from the Board of Supervisors to the Board of Education was held as continued. Mike Pyeatt, assistant administrative officer, set out the amount o£ money in the Superintendent o£ Schools budget that is under the control af'the Board•of Supervisors. This year the amount is $395,046 with about 387 0£ that the prorated shaxe o£ the $4 tax rate. The balance of the funding comes from special school services which is state monies. The Superintendent of Schools operation is about $12 million.. This is a relative small portion. The Board's involvement with the Superintendent of Schools is the change in boundaries of school districts. Hearing open to the public. Appearing: 1. Duane Powers, superintendent of schools, set out some of the major functions of the Board of Education. They approve the budget before it comes to the Board of Supervisors for review and approval. This transfer would place that function with the Board of Education. He set out the major pxojects involved at this time. There is special education, education for the handicapped 'and metally retarded, the regional occupation center and the Juvenile Hall school. They are also involved with the migrant education program for 15 counties. The Seven employees that they are talking about handle about $60 million in school funds. They make sure it is audited and approve all school budgets. There are 501 employees in the organization.' In addition there are another seven employees who are Butte County employees. There is a seven person Board elected and the Superintendent of Schools is elected. There are 36 counties that have fiscal independence.' He felt that the problems with the BCEA regarding the merit system can be resolved through collective bargaining. Page 188. March 13, 1979 ~- ----__ __-- March 13-, 19]9 ----____-- Migrant Education program discussed at this time. The program is about $3-12 million. These are federal funds. 2. .Tim Cook, executive director of BCEA, stated that both he and the Superintendent of Schools were unable to give in the matter of the employees. Assemblyman Chappie will be the author of the bill to amend the code. Senator Rada will carry the bill in the Senate. If the Board takes the action to grant the transfer of functions, the BCEA will file suit in Superior Court to pursue the matter. The Board will be opening up the two-year memorandum of understanding. The law was changed after he had appeared before the Board regarding fiscal independence. He .was present by the direction of the 500 employees. The transfer of the seven people will bring their benefits up and above what the other employees have. 3. Jim Rackerby, personnel director, stated that about six weeks ago a meeting was held between Mr. Cook, the schools, Counsel, the Adminis- trative Office and Personnel. At that time the issue of the merit system was discussed as was the issue of transitioning. It was discussed at that meeting the possibility of the Superintendent of Schools to open negotiations with BCEA. The schools have a fairly complete personnel system lacking the appeals system. He felt that at that meeting there was a ground where a memorandum of understanding could be reached. The responsibility of the county if the Board abolishes a particular function because of adminis- trative budgetary or other reasons, those employees are layed off according to the personnel procedures. There is nothing 'in the memorandum of understanding that prohibits the Board from abolishing positions because of administration or budgetary reasons. Mr. Cook stated that of the seven employees, three employees do not want to go across to the Superintendent of Schools. Hearing closed to the public and confined to the Board. It was moved by Supervisor Winston, seconded by Supervisor Wheeler that a motion of intent to infect grant complete transfer of functions to the Board of Education. Motion discussed at this time. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the transfer of functions .of the Superintendent of Schools from the Board of Supervisors to the Board of Education in accordance with Resolution ~~3, that the county will advance the sum necessary to accomplish remodeling for the Superintendent of Schools needs providing that the county be reimbursed over five year period including the costs of remodeling subject to approval by Counsel, Auditor and the Board of Education; joint Resolution 79-43 of the Board of Supervisors and the Board of Education accomplishing said transfer was adopted and the Chairman authorized to sign. AYES: Supervisors Dolan, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Moseley. 440 441 APPEARANCE: AL APPELMAN Mr. Appelman spoke regarding the home occupancy ordinance. 3e felt that the use permit process should be excluded from the proposed ordinance. Home occupancy should be allowed in all zones without a use permit . 1PPROVE PUBLIC WORKS ITEMS On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following Public Works items were approved: Page 189. March 13, 1979 7~ 442 443 444 Marchl3=, 1979 _______________._ 1. Approved right-of-way acquisition, agreement for sale for Skyway 51261-78-1, PCL 110 for the following; authorized-the Chairman to sign and authorized the Auditor to issue warrant upon demand of county's escrow agent: Lindsey E. Eaton et ux 0.45 acre $6,100 No ..Impr. $6,100 2. Accepted the .improvements for Pebblewood Pines Subdivision; authorized release of performance and labor and materials bonds and commenced the one-year maintenance period. ADDITIONAL ITEMS PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, stated that there will be a meeting with the Energy Commission on March 23, 1979. Mr. Castleberry .stated that they have worked out a proposed compromise for the Eden Park Subdivision, PUBLIC HEARING DATES SET The following public hearing dates wexe set: 1. A public hearing date of April 3, 1979 at 10:15 a.m. was set for consideration of the Butte County Board of Supervisors proposed negative declaration regarding environmental impact for an amendment to all "C-2" (general commercial) zoning districts to allow drive-in restaurants without first securing a use permit. 2. A public hearing date of April 3, 1979 at 10:30 a.m. was set for consideration of Raymond Holt proposed negative declaration and rezone from "A-2 limited" (limited general) to "R-1". (single family residential) property located approximately 250 feet east of Clark Road at the Southern Pacific Railroad crossing, identified as AP 50-013-21, containing 9.54 acres, more or less, Paradise. 3. A public hearing date of March 27, 1979 at 10:15 a.m. was set for consideration of the Burt C. Lowen proposed negative declaration and rezone to amend a "PA-C" (planned area-cluster) development plan to re-subdivide Lot "D" of Pebblewood Pines Subdivision to allow six additional single family residences on property located on the southeast corner of Cussick Avenue and Holly Avenue, identified as AP 08-Ob-O1, containing 1.079 acres, more ox less, Chico. 4. A public hearing date of March 27,-1979 at 10:30 a.m. was set for consideration of G. G. Williamson proposed negative declaration and rezone from "A-2" (general) to "R-3" (multi-family-residential) property located on the north side of Shasta Avenue extension, on the west side of State Highway 99, identified as AP 44-05-39, containing 3::02 acres, more or less, Chico. 5. A public hearing date of April 3, 1979 at 10:45 a.m. was set for consideration of the Butte.County Planning Commission proposed negative declaration and General Plan amendment to change existing industrial 3esignation to medium-low density residential and public designations. tEPORT TO BDARD CONCERNING DENIED REZONE FOR ROBERT C. WINTERS The Board was given a report concerning denied rezone for Robert C. +Tinters from "A-2" (general) to "A-SR" (agricultural-suburban residential) property located on the northeast corner of Live Oak Gridley Road (Township toad) and Evans/Reimer Road, identified as AP 24-11-147, containing 2.01 -cres, more or less, Gridley. Information; no action taken. Page 190. March 13, 1979 March 13, 1979 445 446 447 WAIVE FIRST READING OF ORDINANCE AMENDING ARTICLE i OF CHAPTER 4 OF THE BUTTE COUNTY CODE RELATING TO ANIMAL CONTROL On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the first reading of the ordinance amending Article I of Chapter 4 of the Butte County Code relating to Animal Control was waived. APPOINTMENT TO BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT -DISTRICT 2 CONTINUED TO MARCH 20, 1979 The appointment to the Butte County Mosquito Abatement District -- District 2 was continued to March 20, 1979. COMMUNICATIONS M. K. Shepherd, Biggs. Mr. Shepherd writes appealing the negative declara- tion and use permit for manufacturing of precast concrete items in an "A-2" zone for John J. and Dora Hubble, AP 25-07-20, southeast corner of Larkin Road and Lattin Road, east of Biggs. Set of hearing April 3, 1979 at 11:15 a.m. William D. Vail and John F. Connelly, Chico. An appeal has been received appealing the Planning Commission's denial of a fence height variance for property located on the southwest corner of the Esplanade and Tonea Way, AP 44-41-27, Chico. Set for hearing March 27, 1979 at 10:45 a.m. Thompson Flat Cemetery District. The District sends notification of the resignations of Thomas Cole, Anita Cole and Lillian Duensing from the Cemetery District Board of Directors. Administrative Office to post vacancies. Paradise Chamber of Commerce. The Chamber writes supporting the Municipal Advisory Commission request that readable house numbering be a requirement on all new construction. See motion following communications. Stanley and Emily Ann Fortier, Chico. The Fortiers write opposing the pending bee ordinance. Information; no action taken. Stanley and Emily Ann Fortier, Chico. The Fortiers write forwarding information concerning further controls on agriculturalists. Information; no action taken. Biggs Memorial Hall Committee. The Committee forwards information concerning use of the Hall by the Senior Citizens Nutritional Program. Supervisor Moseley is arranging a meeting. County of Humboldt. Humboldt County forwards its resolution seeking support in requesting that the Legislature repeal the provisions of Senate Bill 1481 (1978 session) or approve local options in the method of humane disposition of animals. See motion following communications. 4481 AUTHORIZE PUBLIC WORKS TO BRING BACK ORDINANCE REGARDING HOUSE NUMBERING On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, Public Works was authorized to bring back an ordinance regarding house numbering. Page 191. March 13, 1979 7S ____________ March 13, 1979 _________ ____ __ SUPPORT COUNTX OF HUMBOLDT RESOLUTION RELATING TO DECOMPRESSION CHAMBERS IN THE METHOD OF HUMANE DISPOSITION OF ANIMALS On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the County of Humboldt resolution relating to decompression chambers in the method of humane disposition of animals was supported. 449 AD-ITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley asked if the Veterans Service Officer was able to resolve the problem regarding the need for help to fill out necessary papers. 450 Mike Pyeatt, assistant administrative officer, stated that he had used work experience students and one CETA employee. Supervisor Dolan announced that there would be a symposium with the City of Chico on energy. She gave each of the Board members an agenda for the meeting that will be held a week from this Saturday. The Board members will attend a tour of the Clay Castleberry home to see a home designed for conservative energy methods. Chairman Lemke commented on the letter from Kenneth Cory, state controller, regarding the fact that the balance of appropriation is insufficient to pay the business inventory. If it is not available prior to April 28, 1979 it will be necessary to prorate 287 of the amount due. Mr. Pyeatt stated that the Auditor will be making a report and this matter along with other issues at a later date. Chairman Lemke stated that he had received a letter from the Butte County Cowbelles asking that March I9, 1979 be designated as National Agriculture Day. They have requested a resolution. Administrative to send letter setting out Board's policy and supporting National Agriculture day. Supervisor Winston stated that he had talked with a group of people objecting to the offices in Kelly Ridge Subdivision. The Corporation agreed to have a new office prior to the first of the year. The office is now in place and in operation. . RECESS't 12:50 p.m. RECONVENE: 2:05 p.m. EXECUTIVE SESSION: The Board recessed at 2:06 p.m. to hold an executive session regarding a personnel matter. RECONVENE: The Board reconvened at 3:55 p.m. following an executive session session regarding a personnel matter. APPOINTMENT OF EOC DIRECTOR Mr. James McNaughton was selected as the new EOC Director for the county. APPOINTMENT TO ADMINISTRATION BUILDING POLICY COMMITTEE Supervisors Dolan and Wheeler were appointed to the Administration Building Policy Committee. 451 452 Page- 192. March 13, 1979 453 ===T=_--March 13~I979=--==_- -__=______ ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Lemke asked for Board permission to vote against the reorganization of CSAC. There is to be a revision of the CSCA constitution. It would reduce the Board of Directors members from 58 to 30 members. Supervisor Winston to attend workshop on NASA. AD,70URNMENT There being nothing further before the Board at this time, the meeting was adjourned at 4:00 p.m. to reconvene on Tuesday, March 20, 1979 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY' CLERK- RECORDER and ex-officio Clerk ~~of//~~the Board of Supervisors ~~l.~~C ~ /(.l ~s~- Ch irman, Board of Supervisors by Page I93.- March 13, 1979