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HomeMy WebLinkAboutM032878March 28, 1978 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston. Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county 'clerk by Cathy Pitts, deputy clerk. Pledge of Allegiance to the Flag of the United States of America. Invocation by Supervisor Moseley 78-580 APPROVAL OF MINUTES On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the minutes of March 14, 1978 were approved as mailed, 78-581 COMMUNICATIONS Upper Ridge Coordinating Council. The Council writes concerning the need fox four-wheel drive patrol vehicle for the Sheriff's Departments ~ ~ ~ ~ CI'2 r, Referred to the Sheriff for his response. Cherokee Area Water Committee. James W. Lenhoff, chairman, writes concerning the water allotment from Lake Oroville. Administrative Officer to make inquiry from the state and the matter will be held until until report from Administrative Officer. 4,f.n~ Butte County Board of Education. Gerald Geiger, president, writes concerning the utilization of the monthly bulletin produced by the Superintendent of Schools Office. Information; no action taken. S~~•p° Tom Mitchell, Chico. Mr, Mitchell writes concerning resolution 78-49 which was recently adopted with regard to agreement and covenant running with the land for installation of curbs, gutters, sidewalks ~~Z, p Q and other urban improvements. Chairman Winston to answer letter. County of San Bernardino. The County, in accordance with Government Code Section 26614,5 forwards a bill in the amount of $282,41 as a result of search and rescue operations for Butte County residents. O ~ a ~ Referred to Administrative Officer. Judges of the Butte County Superior Court. The Judges forward their findings and conclusions on the City of Biggs protest against the Public Defender, Discussed; no action taken. ISQ.~ Cohasset Community Association, Inc, The Association writes in opposition to granting the variance on the Wayne Watson appeal which is Ili ~a ~ scheduled for 9:45 a.m. on the agenda. Referred to the hearing. Ray Velliquette. Mr. Velliquette appeals conditions No. I and 4 fox a tentative parcel map, AP 65-01-12. Set for hearing April 11, 1978 at 9:45 aomo ~r3•os` Paradise Pines Property'Ownexs Association, Inc. The Association writes concerning the need for a four-wheel drive vehicle for the Sheriff's Department in patroling the Paradise Pines area. Referred to the Z~Q~ ~.~ Sheriff for his responseo Sierra Del Oro Homeowners Association. The Association writes concerning the need for a four-wheel drive vehicle for the Sheriff's Department "•in patroling the Upper Ridge. Referred to the Sheriff for response. ~ ~Z00 ~ d Page 343, ~ March 28, 1978 /Oo, a~ /' Q~ ' O ~ 7 fa.oO ~~y. o0 March 28, 1978 Law Offices of Mer1o and Hubbard. The Attorneys, on behalf of Fred Spitler, submit a claim in the amount of $25,000, as a result of a fire that destroyed the family residence. Referred to Counsel. Paradise Youth Council. The Council write concerning the $500 deposit fee for Veterans Memorial Ha11. Supervisor Lemke to make inquiry. Paradise Taxi. The Company write regarding. the financial status and Paradise Express piano Supervisor Lemke and Clay Castleberry to meet with Mr. Dale to discuss the matter, Dalan Drane. Mr, Drane writes in support of Mr. Madigan's view on the County Superintendent of Schools publication "Insight". Discussed; no action takeno 78-582 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Richter stated that he had gone to the State Capitol with Todd Radkey, representative of the tourist convention bureau. Supervisor Richter stated that they had talked with Mr. Cahill, head of Division of Parks. Mr. Cahill stated that he would put into the budget $1/4 million for a suggested two years hence for the project for the tubers to be able to go down the Sacramento River from the Gianelli bridge. Supervisor Richter stated that he had attended a meeting in Red Bluff on the Senior Citizens Nutritional Program. There are some. real problems with the program. Supervisor Richter stated that he presented the views of the board that they wanted to do whatever they could to see that the program is not terminated and that a grant be placed. There has been a huge increase in funds°from $300,000 to $400,000 with a nominal increase in the meals being served. The program is feeding some 1,200 meals per day. There was discussion of having board members represented. A nominating committee was appointed for changing the by-laws. This county might be well advised to submit their own grant application. The State has agreed to spend $20,000 auditing this operation. This will be done in .7uly. All of the allegations were made by the interim management. At the Nine Northern Counties meeting the program is going to ask the counties to agree to a joint powers agreement.to provide for legal counsel, A great deal of work has to be doneo Clif Mickelson, administrative officer, stated that Razia Kahn has asked that perhaps the Chairman, Administrative Officer, Harlan Adams and herself go to Sacramento and talk about the program, 78-583 PUBLIC HEARING: DON K. BALDWIN - ABANDONMENT OF AN ALLEX TN THE TOWN OF DAYTON, AD30INS SOUTHERLY BOUNDARY OF BLOCK 17 AND ~,IES BETWEEN WESTERLY LINE OF YOKUM STREET AND EASTERLY LINE OF GERKE STREET The continued public hearing on the-Don K. Baldwin abandonment of an alley in the town of Dayton, adjoins southerly boundary of Block 17 and lies between westerly line of Yokum 'Street and easterly line of Gerke Street was held as continued. Clay Castleberry, public works director, stated that the building is not on the alley. The alley is on part of the parcel. Hearing open to the public. Appearing: No qne. Hearing closed to the public and confined to the board. On motion of Supervisor Richter, seconded by Supervisor Mose1•ey and unanimously carried, the application for abandonment was denied. Page 3G 4. March 28, 1978 March 28, 1978 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 78-584 PUBLIC HEARING: DONALD J. KELLY - NEGATIVE DECLARATION AND DENIED REZONE FROM "A-40" (AGRICULTURAL - 40 ACRE PARCELS} TO "A-10" (AGRICULTURAL - 10 ACRE PARCELS) PROPERTY LOCATED ON THE WEST SIDE OF STATE HWY. 99 APPROX. 4,000 FEET NORTH OF CANA HWY., IDENTIFIED AS AP 47-10-142, CONTAINING 4$ ACRES_,__MO_RE OR LESS, NORTH OF CHICO. The public hearing on Donald J. Kelly negative declaration and denied rezone from "A-40" (agricultural - 40 acre parcels) to "A-10" (agricultural - 10 acre parcels) property located on the west side of State Hwy. 99 approximately 4,000 feet north of Cana Hwy., identified as AP 47-10-142, containing 48 acres, more or less, north of Chico was held as advertised. Earl Nelson, environmental review director, set out the checklist on the negative declaration. Hearing on the negative declaration open to the public. Appearing: No one. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was accepted. Jim Lawson, planning director, set out the background of the rezone. The Planning Commission voted 4 to 0 to deny the rezone with. the findings that it would be detrimental to the area. Hearing an the rezone open to the public. Appearing: 1. Donald J. Kelly. Mr. Ke11y stated that the rezone was turned down on the premise that 10 acres do not qualify with the designation of orchard and field crop. Parcels of 5 and 10 acres in the zoning of Butte County recognizes that these are suitable agricultural units. The land is re~latvel3~ poor. The land is good for division as it fronts on Hwy 99E and Hamilton-Nord-Cana. 2. Ralph Witcher. Mr, Witcher stated that he was opposed to the rezone. If this is granted the taxes will be raised and the farmer will be unable to pay the high taxes. The land is good for grazing land, Hearing closed to the public and confined to the board. On motion of Supervisor Richter, seconded_by Supervisor Madigan and unanimously carried, the rezone was denied.,, 78-585 PUBLIC HEARING: WAYNE WATSON - NEGATIVE DECLARATION AND DENIED VARIANCE TO ALLOW PARCELS OF 4.75 ACRES, 4,76 ACRES, 4,78 ACRES AND 4.79 ACRES ON PROPERTY ZONED "TM-5" (TIMBER MOUNTAIN, FIVE ACRE PARCELS) LOCATED ON THE EAST SIDE OF VILAS ROAD, APPROX. ONE MILE NORTHEAST OF COHASSET ROAD, IDENTIFIED AS AP 56-15-11, COHASSET. The public hearing on the Wayne Watson negative declaration and denied variance to allow parcels of 4.75 acres, 4.76 acres, 4,78 acres and 4.79 acres on property zoned "TM-5" (timber mountain, five acre parcels) located on the east side of Vitas Road, approximately one mile northeast of Cohasset Road, identified as AP 56-15-11, Cohasset was held as advertised. Earl Nelson, environmental review director, set out the background of the checklist on the negative declaration, Hearing on the negative declaration open to the public. Appearing No one. Hearing closed to the public and confined to the board. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, finding the proposed project could not have a significant effect on the envirbnine~x'~=~~a negative declaration was accepted. Page 345. March 28, 1978 March 28, 1978 Jim Lawson, planning director, set out the background of the variance, There could be a three parcel split with each being 6.8 acres each. The variance request is for a four parcel split with 4-3/4 acres each. Hearing on the variance open to the public. Appearing: 1. Wayne Watson. Mr, Watson stated that he was under the impression that he owned 20 acres when he first started. He did not realize that actually the property was only 19.08 acres. Mr. Watson showed the board a map where smaiier sized parcels had been divided as late as 1976. 2. Charles E. White, Cohasset Community Association. Mr. White set out the physical characters of the parcel. Mr. White stated that the drainage to the east went to the fork of Mud Creek and to the west is Maple Creek. The access is a dirt road running north and south. along the ridge. Mr. White stated that the Association was opposed to the variance. Hearing closed to the public and confined to the board. On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, the application for a variance was denied. AYES: Supervisors Lemke, Madigan, Richter and Winston. NOES: Supervisor Moseley. 78-586 APPROVE RETURN OF $20,200, RETAINING $2,500, REQUEST OE TOM ROGERS CONSTRUCTION COMPANY FOR RELASE OF $22,700 DEPOSIT FOR STREET LIGHTS ON FOOTHILL SUBDIVISION Discussion of the request of Tom Rogers Construction Company for release of $22,700 deposit for street lights on Foothill Subdivision was held.at this time. Clay Cas leberry, gublic works director, stated that he would feel comfortable with the release of $20,000. The other would be for the installation of the light poles and a guarantee deposit-for the energy cost. PG&E requires a deposit for cost of energy for five years. Discussion open to the public. Appearing: 1. Darrell Stevens,-attorney representing Mr. Rogers, Mr. Stevens stated that he would be happy to have the $20,000. He does not believe in .holding the $2,700.- The requirement was to put in lighting and not form a lighting district on this map. The individuals who have purchased the property do not want street lights. The requirement should be deleted. If the requirement was still imposed Mr. Rogers would consent to having $500 held for cost of the poles. Mr. Castleberry stated that it is the board's policy that street lights are necessary for the development of an urban nature. Discussion of the past election held on revenue for paying for the street lighting districts held at this time. The voters turned down the increase in taxes to pay for the lights. Mr. Stevens stated that Mr. Rogers is willing to provide for the poles with a deposit of $500. PG&E will, not put the poles in unless they have a guarantee of the five year energy costs. 2. Robert A. Schlitchler, PG&E, Marysville. Mr. Schlitcher stated that Butte County ran out of the funds of general service for payment of street lighting. When the board changed its policy of adding street lighting on the subdivisions, this was affected by the running out of funds and Butte County could not sign an agreement with PG&E. Page 346. March 28, 1978 March 28, 1978 There is a requirement for a five--year contract with. someone. It is the requirement of PG&E that unless the agreement is with a government agency there must be collected a five-year deposit from the developer. Mr. Schlitchler stated that there is another.. rate schedule available for the customer on the LS-2 rate. This is the rate .the State of California uses on the highways. Under this rate the cus.tomex is to maintain the facility. There is a minor type of service charge. This is a flat rate. Mr. Schlitchler stated that he would have to check and see of this .could apply to the subdivision. Mr. Stevens stated that 15 of the- l6 property owners have signed a statement saying that they do not want street lighting. The other property owner concurs but this is not in writing. On mofion of Supervisor Richter, seconded by Supervisor Madigan and carried, the deposit of $20,200 shall be returned to Mr. Rogers as recommended by the Public Works Director and the remainder, $2,500, shall be kept by the county for installation of the poles and PG&E until an alternate agreement can be reached. AYES: Supervisors Lemke, Madigan, Richter, and Chairman Winston. NOES: Supervisor Moseley. RECESS: 10:30 a.m. $FCONVENE: 10:42 a.m. 78-587 SUPPORT AND ASK EOC DIRECTOR AND ADMINISTRATIVE OFFICER TO SUBMIT APPLICATION FOR SENIOR CITIZENS NUTRITIONAL PROGRAM UNDER THE SENIOR CITIZENS AND MAINTAIN SUPPORT OF NORTHERN CALIFORNIA COUNCIL ON AGING NUTRITIONAL PROGRAM On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the board supports and asked EOC Director and Administrative Officer to submit an application for Senior Citizens Nutritional Program under the senior citizens and maintained support of Northern California Council on Aging Nutritional Program. 78-588 ADOPT RECOMMENDATION OF SHERIFF RE: MORTICIANS SERVICES IN CORONERS CASES EFFECTIVE APRIL 1, 1978 - ORDINANCE'TO BE BROUGHT BACK Sheriff Gillick stated that his office has held. several meetings with the morticians on the new law that became effective January 1, 1978.. Sheriff Gillick stated that whenever the Coroner takes custody of a body he shall make reasonable attempts to locate. the family. After 24 hours embalming can be authorized. The morticians can charge and collect up to $100. The morticians are asking for. Sheriff Gillick stated that the funeral directors in Butte County have given many hours free of charge. There is no county morgue. Last year there were 482 Coroners cases. This has been the average for around two or three years. The personnel called out day and night are paid by the morticians at $17.50 per hour. They also receive overtime payment. The .morticians have supplied all of the pouches in the past. The Coroner uses no more than ten per year at a cost of around $35. The mortuaries will be required to purchase refrigeration. Sheriff Gillick stated that he is asking that the expenses be retroactive to January 1, 1978. There will be an increase in the Coroner's budget of about $60,000 using the 1977 budget as a guideline. Discussion of what constitutes a Coroners case held at this time. There were 229 autopsies last year. Tom Masteller, representing Butte County Funeral Directors Association, stated that the ordinance would be fox the $100 embalming fee. This is something that is required by state law. Mr. Masteller read a, prepared statement with a copy on file with the clerk. Mr. Masteller stated that the Coroner is charged by law to investigate Page 347. March 28, 1978 March 28, 1978 certain deaths. Mr. Masteller set out how Lang a typical call for the Coroners office would take. This creates additional work and time. Mr. Masteller stated that he has been in Butte County since 1953 and the morticians have not been reimbursed for this type of work. Things have changed making it incumbent to ask~.for reimbursement. Clif Nickelson, administrative officer, stated that the disclaimer addresses just to the .embalming only. Victor VanHook, Chico stated that the morticians have been removing the bodies for the coroner from the-scene of an accident and taking them to the mortuary. Mr. VanHook stated that the morticians do this service acting as Coroner deputies. Mr. Masteller stated that there is no central coroners facility in Butte County. This would cost $3/4 million to build and then there would be the additional staff costs involved. On .motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the recommendations of the Sheriff was accepted, having explored all possible solutions, and pointing out that this is one of the many cases where the county is required to increase the tax rate with no reimbursement whatever and with no.State legislative responsi- bility-. to be effective April 1, 1978 for providing payment and an ordinance regarding Section 27471 of the Government Code is to be brought back. 78-589 ADOPT RECOMMENAATION OP PUBLIC WORKS DIRECTOR - PARTICIPATE UP TO THE EXTENT OF $15,000 DEPENDING ON THE BIDS - LAKE MADRONE WATER DISTRICT EMERGENCY SPILLWAY FACiLTTIES Paul Minasian, attorney for Lake Madrone Water District, .stated that the District has received a 50Z Ioan £rom EDA in the amount of $120,000 for the spillway. Mr. Minasian stated that there is one way to get the county out of the litigation. That is for the .county to pay a set sum of money and in addition ,taking care of the road work. Mr. Minasian stated that the county did not want to do this. Mr. Minasian stated that he was asking the .county to bear its share of the cost of what it would cost to relocate the roadway. The county should approve payment of the cost of repaving, bedrock and putting up the guardrails for 45 days. Mr. Minasian stated that he has submitted drawings to Public Works. Mr. Minasian ;stated that this has been put out to bid and he does not have the actual cost. Mr. Castleberry stated that the work would consist of lowering the toad. There will be a dip similar. to the west side. This would have to be properly signed.' The road would be lowered three feet for a distance of 400 feet. The county has acquired the right-of-way for the new relocation. Mr. Castleberry stated that the county should encourage proceeding with the project. Bi11 Cheff, public works department, stated that the county's share of the cost would be about $15,000 including the guardrails. Mr. Minasian stated that he has proposed an agreement where the county shares the responsibility to do their part of the new project cost. Dan Blackstock, county counsel, stated that the board is familiar with the litigation. The board needs to decide what it . will be willing to do with regard to the cost. Mr. Blackstock stated that he thinle there is concern about the three foot drop in the road. !This is .more than we anticipated. It appears about as good as we can Page 348. March 28, 1978 _ ---. March 28, 1978 do to keep the State happy. Mr. Blackstock stated that this is a causeway and-not a dam. .It was built in 1330 through a 1915 assessment district. Mr. Castleberry stated that if the board proceeds with the project the county should ask the district to maintain the slope protection. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the recommendation of Public Works was accepted and the board will participate up to the extent of $15,000 depending on the bids. 78-590 PUBLIC HEARING: ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN FROM MARGUERITE WOOD WHICH IS NECESSARY FOR CONSTRUCTION OF DAYTON ROAD AT STATE ROUTE 32 REALIGNMENT. ADOPT RESOLUTION 78-68 The public hearing on the acquisition of real property by eminent domain from Marguerite Wood which is necessary for construction of Dayton Road at State Route 32 realignment was held at this time.. Clay Castleberry, public works director, set out the background of the acquisition. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the board. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 78-68 acquisition of real property by eminent domain from Marguerite Wood which is necessary for construction of Dayton Road at State Route 32 realignment was adopted and the Chairman authorized to sign. 78--591 APPEARANCE: JIM JOHANSEN ASSISTANT AUDITOR Mr. Johansen stated that he was here today to clarify his position. Mr. Johansen stated that he complied with the reassignment of duties in the March 8 memo. Mr. Johansen stated that he could not say that he agrees with the action. This was a decision of Mr. Lawrence of which he was informed. The memo did not evolve from a mufual agreement and discussion. Mr. Johansen stated that he could not agree with Mr. Lawrence that only the deputy status. and. not the assistant status was effected. Mr. Johansen stated that he was disappointed and saddened that Mr. Lawrence felt it necessary to take action. This current controvery epitomizes the conflicts~of the past .several years, including the data processing issue and the morale of .the office compelled him to run for office. Mr. Johansen stated that because of his committments to the on-going committments he will remain in the Auditor's Office. 78-592 APPEARANCE: DON BLAKE Mr. Blake stated that the State Energy Commission does not require an outside consultant on the PG&E notice of intention. There is nothing requiring the county to spend the $22,680 for the consultant. The consultant may or may not be, of some value. Mr. Blake stated that the County had available the best minds in Northern California, the local engineers and the people from Chico State. Mr. Blake stated that he has confidence in these people. Mr. Blake stated that the NOI was-actually an EIR done by PG&E. Mr. Blake stated that by the time this is done there will be'EIRs coming out of our ears. Mr. Blake set out how much information he had researched. Mr. Blake stated that he had talked to a meteorologist and was told that Kelly Ridge and Paradise will have tfie most drift. Mr. Blake .stated that he is against the plant. Page 3490 March 28, 1978 March 28, 1978 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 78-593 APPEARANCE: NEIL McCABE Mr. McCabe stated that he was representing Chico-Butte Disposal. Mr. McCabe .stated that he reviewed the bid package for the NealRoad disposal site. Mr. McCabe stated that there is a great difference between the high bidder and the low bidder. Mr. McCabe stated that he hoped that the board would look into this. There is .something wrong and some confusion. Addendum:No. 1 was approved on February 21, 1978 and the bid opening was March 2, 1978. This advised contractors to consider innovative methods and plans, sign and submit with the bids. Mr. McCabe stated that the board cannot just look at the first year operation. Mr. McCabe stated that he would like to suggest as a vehicle that the board .consider referring the matter to the Solid Waste Management Board. for assistance. 78-594 APPEARANCE: GLEN HALSEY Mr. Halsey ,.stated that he would like to clarify the statements attributed to him. Mr. Halsey.stated that he did not make reference to a welfare member. This position is a CETA participant. The regulations point out that this should be a CETA participant. Mr. Halsey .stated that he was opposed to Mr. Crisan being appointed to the CETAC. Mr. Crisan is a department head and has policy making decisions. 78-595 APPEARANCE': MRS. BUTLER, NIMSHEW Mrs. Butler .stated that she wanted~to commend the board for their action on the rezone application in Cohasset. 78-596 APPEARANCE: JOLENE BLAKE 3olene Blake stated that she was requesting that the board not award the contract on the PG&E NOI to EDAW. Mrs.. Blake stated that she was requesting that the board hold public hearings on this matter. 78-597 APPEARANCE: DAN HUTFLESS, ORD FERRY ROAD Mr. Hutfless stated that. last week the board received petitions submitted by Mr. High regarding MCPA. They were concerned with the proper use of phenoxy herbicides. Mr. Hutfless .stated that he is concerned with the proper use of MCPA. Mr. Hutfless set out. the MCPA found in his orchard by labortory analysis. 7$-598 APPEARANCE:' ALLAN DALE P:SRAAISE TAXI Mr. Dale stated that his business. did not get a chance to bid on the elderly taxi service in Baradise. Mr, Dale stated that Paradise Express has not filed a fictions business name. The contract listed exhibit A which is .not attached to the original contract. There is no proof of insurance on the contract. Mr. Dale set out different things that are happening with the Paradise Express. Supervisor Lemke and Clay Castleberry to meet with Mr. Dale and discuss the matter. 78-599 PUBLIC HEARING: HOUSING AND COMMUNITY DEVELOPMENT 1979 PREAPPLICATION The public hearing on the Housing and.Cormnunity Development 1979 preapplication was held as advertised. Ward Connerly stated that the board is required to hold two public hearings. There is $450,000 available county wide. The .county has a choice of submitting a single proposal application for $250,000 or a compzehensive application for $450,000. Mr. Connerly stated that he is progosing that the board submit two projects. One in E1 Medio for $300,000 and. one for Chapmantown for $150,000. The area of Chapmantown could be a joint recommendation with the city and county working together, each applying for $150,000. The committee has some other recommendations. The board should take a long hard look at the land acquisition for a park in E1 Medio. The committee has asked that this be included in the application. .It is Page 356, March 28, 1978 March 28, 1978 not feasible to do this. Why not use the program income for that purpose. The-money has established a revolving fund. Mr. Connerly stated that they are trying to keep the options open. Mr. Connerly stated that maybe there could be low interest loans on a county wide basis. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the board. RECESS: 12:30 p.m. RECONVENE: 1:45 p.m. 78-600 APPROVE WORK PROGRAM AS PROPOSED FOR REVIEWING PG&E NOTICE OF INTENTION: AUTHORIZED CHAIRMAN TO SIGN LETTER OF T~iANSMITTAL: APPROVED CONTRACT WITH -EDAW, INC.: AUTHORIZED COMMENCEMENT OF_WORK BY EDAW, INC Mike Pyeatt, deputy administrative officer, set out the background information on the PG&E Fossil 1 and 2 Notice of Intention. The NOI is the first step in two 18 month procedures. The county has 60 to 90 days to review the document and set forth its concerns. Mr. Pyeatt stated that the board was aware of the background as to how the committee came to the recommendation of using EDAW. Mr. Pyeatt stated that EDAW will ask individuals- from other agencies to review certain things on the NOI. EDAW is not going to duplicate PG&E's work. They are going to review the work. If the county raises enough questions, PG&E can be required to make further studies during the second 18-month period. Supervisor Richter stated that he wanted the best information he can get in regard to this plant whether good or bad. Supervisor Richter stated that after sitting in on the committee he is convinced that there is no other concern in California that has the expertise to handle the job. No one in the state has gone through the 36 month process. The one that is the furtherest ahead is the Sun Desert which was into the second 18-month period. EDAW is the only consulting firm who had any expertise in going through this process. Supervisor Moseley asked how many of the other counties were going through a consultant. Mr. Pyeatt stated that he did not know. Earl Nelson, environmental review director, stated that there is no guarantee of reimbursement. Tt was the. feeling of the committee that this project is of such importance that the county has the responsi- bility to review to the best of their ability even if there is no reim- barsement. Supervisor Lemke stated that he was not sure what the county was getting. Supervisor Lemke stated that he hoped that when this was completed it would be in plain English so that it could be understood. Supervisor Lemke stated that he was an advocate of building the plant in Butte County. Supervisor Madigan-stated that he concurred with Supervisor Lemke. Chairman Winston stated that this project is of importance to about 130,000 people. Chairman Winston stated that he has made no decision on the project itself. The NOI must have very careful scrutiny. fram objective people to advise the board. On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, the work program as proposed was approved; the Chairman was authorized to sign the letter of transmittal; the contract with EDAW, Inc. was approved and the Chairman authorized to sign; and commencement of work by EDAW, Inc. was authorized. AYES: Supervisors Lemke, Madigan, h~'~'is Richter and Chairman Winston.~~'NOES: Supervisor Moseley Page 351. March 28, 1978 vY March 28, 1978 78-601 AUTHORIZE FILLING OF FOUR HEALTH CARE AIDE POSITIONS TO INCREASE PATIENT SUPERVISION AT THE RESIDENTIAL TREATMENT CENTER IN CHICO - MENTAL HEALTH DEPARTMENT On.motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the filling of four health care aide positions to increase patient supervision at the residential treatment center in Chico was authorized for the Mental Health Department. 78-602 AWARD BTD - NBAL ROAD LANDFILL OPERATION Clay Castleberry, public works director, set out the plans and specifications that had gone out. to bid. Both the low bidder and the high bidder are in the business of operating land fills today. The county audits the books. Appearing: 1. Everett Johnson, Dunn Sanitary Service. Mr. Johnson stated that there was nothing in the contract that states when the disposal companies would be notified if there is going to be an increase at the dump. Mr. Johnson stated that he would like the board to require that the companies using the dump be notified of increases with 120 day notice. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, a 120-day period, of notification on any rate increase by the County of Butte at the dump will be made to the vendors. 2. Ed Chiappari, Oroville Solid Waste. Mr. Chiappari stated that he was one of the bidders. Mr. Chiappari stated that he was concerned that some o£ the guidelines were not quite clear. Mr. Chiappari stated that he was concerned with the diversity of the bids. Mr. Chiappari stated that he was concerned that the contractor might forfeit his contract with the. bid that he has presented. out. Mr. Castleberry stated that the low bidder had been checked 3. Elmer Johnson, Chico Butte Disposal. Mr. Johnson stated that he agrees with Mr. Johnson and Mr. Chiappari. Mr. Johnson stated that he had contacted two civil engineers and an attorney and had asked them to prepare a bid. He was told that the plans were too confusing. Mr. Johnson set out the low bidders business experience. Mr. Weigel is a consultant to the Imcan consultant who has a contract with the board. 4. Jesse Weigel. Mr. Weigel stated that he bid the contract as per the plans and specifications. His bid fs valid. On motion o£ Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the bid for the Neal Road landfill operation was awarded to Jesse Weigel for his proposal to operate the landfill for the gate fees and the return of $13,000 annually to Butte County and the Chairman authorized to sign the contract after posting of insurance and $150,000 performance bond. Supervisor Moseley stated that Mr. Chiappari would like to open up the Gridley transfer station. On motion of Supervisor Richtex, seconded by Supervisor Moseley and unanimously carried, County Counsel and Public Works Director are instructed to negotiate with Mr. Chiappari on the conditions and safeguards necessary to protect the co~n~y.~or operation of the transfer station in Gridley on a one day per week~'bass. March 28, 1978 Page 352. March 28, 1978 78-603 DISCUSSION AND POLICY DIRECTION - LORRAINE'.MIT~LER - REQUEST FOR ADDITIONAL TIME FOR REMOVAL OF .MOBILE HOME FOLLOWING DENL4L OF VARIANCE RENEWAL - COUNTY COUNSEL TO PREPARE EMERGENCY ORDINANCE FOR APRIL 4, 1978 Howard Toussaint, sanitarian, stated on February 28, 1978 the board found no reason to continue the variance for Lorraine Miller. Mrs. Miller was advised to remove the trailer within 30 days. Mrs. Miller has written and requested additional time in which to remove the trailer. Mrs. Miller proposes to sell fhe property. Mr. Toussaint stated that 30 days after the death of a family member is not much time. County Counsel was instructed to prepare an emergency ordinance increasing the time for removal of a mobile home to 120 days and bring back on April 4, 1978. 78-604 DENY CLAIM - WANDA MAY BENNETT IN THE AMOUNT OF $4,900 On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the claim of Wanda May Bennett in the amount of $4,900 was denied.. 78-605 APPROVE ADMINISTRATIVE OFFICE ITEMS On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the following Administrative Affice items were approved: 1. Authorized purchase of tape recorder for Board of Supervisors' room.at an estimated cost of $2,400 and approved transfer of funds from the reserve. 2. Authorized relocation of a Thermalito Irrigation District water line at a cost of $831 and authorized payment. of the $83I from the .Administration Building inspection contingency account. 3. Authorized increases to the change fund for Chico .downtown branch library,$15; Gridley branch library,-$10; Paradise branch library, $10; and Oroville headquarters, $10. 78-606 APPROVED BUDGET TRANSFERS On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, the following budget transfers were agproved: B-144 Central Services - duplicating. Transfers $900 from maintenance of equipment to office expense as a. result of higher level.. office expense incurred than anticipated due to excessive use of the .. microfilm project. B-145 Planning Commission. Transfers $900 from special department expense - general planning to transportation and-travel - commission members travel as a result of additional meetings of the Planning Commission because of the general plan amendments. B-146 Public Works - S ep-cal-Road. Transfers $18,000 from the Craig Avenue at Palermo Honcut to Citrus project and increases the Nelson Avenue at Oroville city limits to Twelfth Street project in order to increase the appropriation to cover the low~bid and contract awarded to Robinson Construction Company in the amount of $112,925.50. B-147 Public Works - Special Road. Transfers $13,000 from Craig Avenue at ~a~ermo~ron~ut to itrus project in order to increase the appropriation by a similar amount for the Elliott Road, at. Skyway to Almond Avenue project to cover the low bid and contract award to Hayward Construction Company in the amount of $24,522.50. This was approved by the Board of Supervisor on March 21, 1978; Minute Order 78-567. Page 353. March 28, 1978 March 28, 1978 B-148 Public Works. Transfers $3,900 from. the Craig Avenue at Palermo Honcut to Citrus project in order to increase the .appropriation by a similar amount for the LaPorte Road at Los Verjeles to one mile north project, all within the special road fund, and also transfers $2,700 from the road reserve to the LaPorte .Road at Los Verjeles to one mile north project. The purpose of this transfer is to increase the appropriation to cover the low bid and award-of contract to Robinson Construction Company in the amount o£ $104,143.75 as awarded by the Board of Supervisors on March 21, 1978; Minute Order 78--5.67. 78-607 REQUEST STATE ENERGY COMMISSION HOLD .PG&E NOI HEARING IN OROVILLE ON MAY 4, 1978. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the-State Energy Commission was requested to hold a public hearing on the PG&E NOI in Oroville on May 4, 1978. 78-608 APPROVE CONTRACT WITH BROWN AND CALDWELL FOR BUTTE COUNTY SEPTAGE STUDY IN THE AMOUNT OF $19,938.15 TO BE FINANCED 87-1/2~ BY FEDERAL AND STATE On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the contract with Brown and Caldwell for Butte County septage study in an amount of $19,938.15 to be financed 87-1/27 by the federal government and state was approved and the Director of Environmental Health was authorized to sign. 78-609 ADOPT RESOLUTION 78-b9: RESOLUTION AUTHORIZING DIRECTOR OF ENVIRONMENTAL HEALTH TO SIGN GRANT APPLICATION: APPROVED 208 PLANNING GRANT APPLICATION FOR PARADISE AREA WITH THE STATE WATER RESOURCES CONTROL BOARD IN A MAXIMUM AMOUNT OF $25,000 On motion of Supervisor Lemke, seconded. by Supervisor Richter and unanimously carried, the 208 planning grant application with the State Water Resources Countrol Board in a maximum amount of $25,000 for the Paradise area was approved; Resolution 78-69 authorizing the Director of Envrionmental Health to sign grant application was adopted and the Chairman authorized to sign. 78-610 -DENY FAIR HEARING REQUEST FOR GENERAL ASSITANCE FAIR HEARING On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the general assistance fair hearing request was denied. 78-611 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the following Public Works items were approved: 1. Waived the first reading of the ordinance establishing speed limit on Justeson Road with the addition of LaPorte Road at .Clipper Mills from 55 mph to 35 mph. 2. Adopted resolution 78-70 forming Shasta Estates Street Lighting Maintenance District and authorized Chairman to sign. 3. Adopted Resolution 78-71 forming Joshua Tree Unit 462 Street Lighting Maintenance District and authorized Chairman to sign. 4. Approve Joshua Tree Unit 462 subdivision map, accepted public utility easements and Joshua Tree .Road, Waterford Drive, Silverbell Road, .Coronado .Road, Cimarron Drive, Mojave Court. as shown on the subdivision map and granted in fee and authorized the Chairman to sign subdivision agreement. Page 354. March 28, 1978 March 28, 1978 5. Approved the following agreements for sale, right-of-way acquisition and authorized the Chairman to sign; authorized the Auditor to issue warrant ugon demand of County`s escrow agent: Dayton @ S.R. 32 L. Moural Houses and lots $28,500.00 Dayton ~ S.R. 32 C.B, McClaskey Houses and lots 16,500.00 Skyway 51261-77-1 H. McReynolds 0.9 acres 5,200.00 Skyway 51261-77-1 H. Johnson Slope easement 100.00 6. Adopted the following resolutions regarding the Dayton Road relocation grade separation project and authorized the Chairman to sign: a. Resolution 78-72 - Resolution approving agreement with Southern Pacific Company and City of Chico. b. Resolution 78-73 -Resolution authorizing application for fund allocation. c. Resolution 78-74 - Resolution concerning ability to award contract. 78-612 AWARD BID - FOOTHILL BLVD. PROJECT 21554-77-I On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the bid for Foothill Blvd. Project - 21554-77-1 was awarded to Robinson Construction Company in the amount of $103,972 with the postponement of Colby Creek and Oro-Quincy Road until after July 1, 1978. 78-613 ACCEPT PROPOSALS OF PUBLIC WORKS DIRECTOR RE': LAND DIVISIONS AND CERTIFTCATE OF COMPLIANCE IN SWEDES FLAT HURLETON SWEDES FLAT ROAD AREA On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the proposals of the Public Works Director. regarding Iand divisions and certificate of compliances in the Swedes Flat - Hurleton Swedes Flat Road area to require a development fee deposit of $700 to $750 was accepted. 78-614 WAIVE BUILDING PERMIT FEE - DE SABLA FIRE DEPARTMENT On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the building permit fee for DeSabla Fire Department was waived. 78-615 ADDITIONAL ITEM. PRESENTED BY FUBLIC WORKS Clay Castleberry, public works director, stated that he would like to postpone urban improvements for Ron Brown for Feather River Blvd Bait and Tackle for a period of six months. 78-616 WAIVING FIRST READING OF ORDINANCE -AMENDMENTS TO SUBDIVISION ORDINANCE CONTINUED TO APRIL 4, 1978 The waiving of the first reading of the ordinance for amendments to the Subdivision ordinance was continued to April 4, 1978. 78-617 APPOINTMENTS TO THE CITIZENS ADVISORY TASK FORCE FOR THE BUTTE COUNTY GENERAL PLAN HOUSING ELEMENT UPDATE CONTINUED TO APRIL 4, 1978 Appointments. to the Citizens Advisory Task Force for the Butte County General Plan Housing Element Update were continued. to April 4, 1978. Page 355. ?Barth 28, 1978 March 28, 1978 78-618 APPOINTMENTS .TO REVENUE SHARING COMMITTEE The following were appointed to t e Revenue- Sharing Committee: Douglas Schohr, Gridley Dick Vermillion, Chico 78-619 APPOINTMENT TO EMERGENCY MEDICAL SERVICES COMMITTEE AND NORTHERN CALIFORNIA EMERGENCY MEDICAL CARE COUNCIL On motion of Supervisor Madigan,. seconded by Supervisor Richter and unanimously carried, Terrence Fraters, M.D. was .appointed to the Emergency Medical Services Committee and to the, Northern California Emergency Medical Care Council. 78-620 SUPERVISORS LEMI~E AND RICHTER TO INTERVIEW APPLICANTS FOR THL~ APPOINTMENT TO THE ASSESSMENT APPEALS BOARD Supervisors Lemke and Richter were appointed as members of a committee to interview applicants for the appointment to the Assessment Appeals Board. 78-621 SUPERVISOR MOSELEY AND CHAIRMAN WINSTON TO INTERVIEW APPLICANTS FOR THE APPOINTMENTS TO THE BUTTE COUNTY HOUSING AUTHORITY BOARD Supervisor Moseley and Chairman. Winston were appointed as members of a committee to interview applicants for the appointments to the Butte County Housing Authority Board. 78-622 DISCUSSION OF RULES PROHIBITING FUND RAISING - PALERMO COMMUNITY CENTER - SUPERVISOR MOSELEY TD MEET WITH ADMINISTRATIVE OFFICER TO DISCUSS Supervisor Moseley will meet with the Administrative Officer to discuss the rules prohibiting fund raising for the Palermo Community Center. 78-fi23 AGRICULTURAL ADVISORY COMMISSION RECOMMENDATIONS APPROVED Discussion of the Agricultural Advisory Commission recommendations concerning administration of the Land Conservation Act Program, additional membership of the Land Conservation Program and 160 acre limitations continued to April 4, 1978. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the board reaffirmed their opposition to SB 1357 (Behr) regarding prohibiting the aerial application of any herbicide containing 2,4-D, 2,4,5-T or silvex or related compounds to any range or forest lands. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the board reaffirmed their opposition to the Huskey initiative and supported the Agricultural Committee recommendation opposing any initiative which would prohibit trappings in California. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, a secretary will be provided for the Agricultural Commission to record minutes at the monthly meetings and alternate member Donald Murphy was allowed to vote .at the meetings. 78-62k RESPONSES TO GRAND NRY/BOARD OF SUPERVISORS' AUDIT REPORTS Discussion of responses to the Grand .Tury/Board of Supervisors' audit reports had at this time. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the Auditor was authorized to make periodic audits of individual conservatee accounts in the Public Guardians Office. Page 356. March. 28, 1978 March 28, 1978 On motion of Supervisor.Mose-ley, seconded by Supervisor Lemke and unanimously carried, the Auditor was directed to assist the Health Service Agency and Collections Department in the transfer of accounts and the creation of adequate controls. Discussion of Child Support collection program review audit report had at this time. The board requested that Data Processing and the District Attorney get together and take a look at development of data processing procedures for the Family Support Division and report back to the board. The District Attorney was directed to make cash deposits daily. 78-625 ADDITIONAL MATTERS PRESENTED BY CHAIRMAN WINSTON Chairman Winston stated that he had received several letters: 1. The Weights and Measures building will be in the revenue sharing list for priorities. 2. Letter from Family Service Association regarding family violence. Bill Turpin to continue to monitor this program. 3. Edward Ha11's request to Mr. Robison. The board would like to see the letter Mr. Robison wrote to Mr. Hall. 4. Request for support of AB 2277 from Assemblyman Frank Landerman about violent persons being released. Referred to the Mental Health and asking for a recommendation. 5. A presentation by the Gridley Library site committee will be given to the board April 4, 1978 at 9:30a.m. 6. Letter from Jack Andrews submitting his resignation from the Oroville Mosquito Abatement District. Administrative Officer to post vacancy. 78-626 ADMINISTRATIVE OFFICER DIRECTED Tp PUT TOGETHER SOME SPECIFICATIONS AND PUT OUT TO BID - MORTICIAN SERVICES IN CORONERS CASES Discussion of asking the Administrative Officer to look into the possibility of bidding out and the feasibility of bidding out the mortician services in Coroner's cases had-at this time. Clif Mickelson, administrative officer, stated that his office could look at the possibilities of bidding out but this would only be an estimate. The only way to get a true picture would be to go ahead and gut together specifications and go out to bid and see what the results would be. The Administrative Officer was directed to put together some specifications and put out to bid the mortician services in Coroner`s cases. 78-627 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley stated that she was .concerned with the dogs running loose in the Thermalito area. The Administrative Officer is to follow up on this. Supervisor Madigan stated that AB 2522 makes some changes as Para as embalming. Assemblymen Chappie and ..Statham should be commended for their support and the board should encourage them to continue to work ,for the county. The Administrative Officer to send letters to them. Page. 357•. March 28, 1978 March.28, 1978 Supervisor Madigan stated that something should be .done regarding the map that Mr. Wayne Watson presented.fio the board from McCain and Associates showing division in 1976. Supervisor Madigan stated that he had a map from Planning and the dates of the divisions are different from that of the other map. The matter is to be submitted to Mr. McCain for his comments. Dan Blackstock, county counsel, stated that the county had. prevailed in the Elna Schorer vs County of Butte ease. 78-628 DISCUSSION: NUISANCE ORDINANCE MEETING - WAIVTNG.OF SECOND READING TO BE PLACED ON AGENDA FOR APRIL 4, 1978 Clif Mickelson, administrative officer, reported on the meeting regarding the nuisance ordinance. Mx. Mickelson stated that he would have the report in writing for the board meeting next week. The second reading of the ordinance and adoption of the ordinance is to be placed on the agenda for April 4, 1978 and the board will reconsider the Administrative Offie~.r-'s.,thoughts. ADJOURNMENT There being nothing fur the meeting was adjourned at 3:52 1978 at 9:00 a.m. before the b rd at this t"me, . to reconvene on Tuesday, t~pril ATTEST: CLARK A. NELSON, COUNTY By ~ l~l~ 0 sors Page 358. March 28, 1978