HomeMy WebLinkAboutM101078October 10, 1978
STATE OF CALIFORNIA )
)s.
COUNTY OF BUTTE )
The Board of ';Supervisors met at 9:00 aom, pursuant to adjournment.
Present: Supervisors Madigan, Moseley, Richter and Chairman Winston.
Clif Mickelson, administrative officer; Dan Blackstock, county counsel;
and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the
Board. ABSENT: Supervisor Lemke,
Pledge of allegiance to the F1agc of the United States of America
Invocation by Supervisor Moseley.
78-1929 APPROVAL OF MINUTES
On motion of'Supervisar Madigan, seconded by Supervisor Moseley
and ca~xtied, the minutes of Octaber 3, 1978 were approved as mailed with
the correction to minute order 78-1893 to reflect that only Resolution
78-166 was adopted and ',not Resolutions 78-165A and 78-166.
78-1930 ADOPT ORDINANCE 1958:. WAIVE SECOND READING OF SALARY ORDINANCE
AMENDMENT TO IMPLEMENT .PERSONNEL CHANGES APPROVED IN 1978/79 BU-GET
Un motion of'Supervis6r Moseley, seconded by Supervisor Madigan
and carried, the second reading of the salary ordinance amendment to
implement personnel changes approved in the 1978/79 budget was waived;
Ordinance 1958 was adopted and the Chairman authorized to sign.
78-1931 APPROVE ANNUAL MERIT INGREASE FOR AGRICULTURE COMNIISSIONER
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the annual merit increase for the Agriculture Commissioner
was approveda
78-1932. AUTHORIZE ACCEPTANCE OF REGION C SURPLUS OFFICE FURNITURE
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the surplus Region C office furniture was authorized to be
accepted,
78-1933 ADb1INISTRATIVE OFFICER INSTRUCTE- TO NEGOTIATE HIGHER RENTAL RATE
FOR CALIFORNIA HIGHWAY 'PATROL FACILITY;„, CHICO
It was moved b Sue -~
y p rvisor Madigan, seconded by Supervisor Richter
that the Lease extension for the California Highway Patrol facility in
Chico for no longer than May 31, 1979 be authorized; the monthly rate
being $1,150 and a cancellation notice of 30 days.
Supervisor Madigan asked why the lease was not for more money?
Clif Mickelson, administrative officer, set out the way that
the property was valued.
Motion withdrawn.
Administrative Officer instructed to negotiate a higher rental
rate for the California Highway Patrol facility in Chico and to bring
back to the Board when 'information is available.
78-1934 AUTHORIZE FIREMAN-.SLEEPER PROGRAM ON EXPERIMENTAL, BASIS FOR THIS
WINTER - BUTTE COUNTY FIRE DEPARTMENT
On motion of ',Supervisor Richtex, seconded by Supervisor Madigan
and carried, the fireman-sleeper program on an experti~mental basis for this
winter for the Butte County Fire Department was authorized,
Page 347.
October l0, 1978
October 10, 1978
78-•].835 APPROVE PAYMENT TO CUAPMAN ELECTRIC AND PETERS ENGINEERING FOR
ELECTRICAL PROJECT ON BUTTE COUNTY FAIR GROUNDS
On motion of Supervisor Moseley, seconded by Supervisor Richter
and carried, payment to Chap;uan Electric in the amount of $2,743.40 and
to Peters Engineering iin the amount of $600 for electrical project on the
Butte County Fair Grounds was approved,
78-1936 ADOPT RESOLUTION 78-169 AUTHORTZTNG ATR POLLUTION CONTROL OFFICER
TO SIGN SUBVENTION APPLICATION FOR FISCAL YEAR 1978/79
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, Resolution 78-I69 authorizing the Air Pollution Control
Officer to sign the subvention application for the fiscal year 1978/79
in the amount of $31,22',8 to the Air Resources Board was adopted and the
Chairman authorized to 'sign.
78-1937 APPOINT SUPERVISORS LEMKE AND MADIGAN TO REVIEW QUALIFICATIONS FROM
COMPANIES INTERESTED IN DATA PROCESSSNG FACILITIES MANAGEMENT AND MAKE
Supervisors Lemke and Madigan were appointed as a committee to
review qualifications from companies interested in Data Processing Facilities
Management and making recommendations to the Board of Supervisors,
78-1938 RECOMMENDATION OF ADMINISTRATIVE OFFICER RE: REPORT ON RENTAL
Clif Mickelson, administrative officer, stated that the Board
is not required to respond to the request by the state that the county
set up some type of group to listen to the problems of renters. There
is no funding available for this program and would have to be paid by
the county.
The Board accepted the recommendation of the Administrative
Officer to take no action.
78-1939 APPROVE RENEWAL OF'VARIANCE - NORMAN LEE PRATER
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the renewal of variance to Sections 19-10 and/or 19-12 of the
Butte county Goae for placemen~f a mobile home at Route 2, Box 2670A,
Oroville, AP 26-25-10, zoning: A-5, for Norman Lee Prater was approved
for a period of one yearn
78-1940 PUBLIC HEARING DATE SET
A public hearing date of October 24, 1978 at 10x00 aom. was
set for consideration of Theodore Leiter petition for variance to Sections
19-10 and~or 19-12 of the Butte County Code for placement of a mobile home
at Route 2, Box 5, Yocum Street, Durham. Zoning: A-5.
78-1941 ADO~'T RESOLUTIONS 78-170 & 78-171 NOTICE OF INTENTION TO ABANDON:
ANA SETTING PUBLIC HEARINGS '
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the following resolutions giving notice of intention to
abandon and setting a public hearing date of November 14, 1978 at 10:00 a,m.
were adopted and the Chairman authorized to sign:
Resolution 78-170 - notice of intention to abandon the westerly
20 feet of Mulberry Street, as delineated upon that certain map entitled
"Mulberry Tract, Subdivision No. 1, Valley Syndicate Addition to Chico,
California." for Sherman Frost.
Resolution 78-171 - notice of intention to abandon a portion of
Ord Ferry Road being 60 feet in width, lying 30 feet on each side of its
center line, said center line being the line common to Rancho Llano Seco
and Rancho de Farwell, also bounded on the west by the Sacramento River
' Page 348.
', October 10, 1978
October 10, 178
and on the east by the west right-of-way line of Ord Ferry Road as it was
appm~d on June 30, 1970 as shown on the plans on file in the Butte County
Department of Public Works for Jim Burgess.
78-1942 AUTHORIZE COUNTY PRODUCTION OF BIGGS STREET SICNS FOR COST REIMBURSEMENT
Clay Castleberry, public works director, stated that the City of
Biggs has requested that the county make 63 street sd.~gns at a cost of
$30 per sign with reimbursement from the City.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and carried, the county ',was authorized to produce street signs for the
City of Biggs for cost reimbursement.
78-1943 REPORT FROM PLANNING DIRECTOR RE: ZONING APPLICATIONS AND SUBgIVISION/
PARCEL MAP APPLICATIONS''.
Bettye Blair, 'planning director, reported to the Board regarding
zoning applications and subdivision/parcel map applications. She stated
the memo was self explanatory. The Planning Department is getting a lot
of applications for rezoning with parcel maps. It is a burden for the
public. The application will be processed concurrently with the parcel
mapsa
No action taken.
78-1944 DISCUSSION: INTERIM ZONING IN A-2 UNCLASSIFIED 710NES
Discussion of '.interim zoning in A-2 unclassified zones held at
this time. Bettye Blair, planning director, set out the map that was
posted on the board. The unclassified zones are a rather large problem,
This was discussed briefly with the Planning Commission last week,
She recommended that the Board consider interim zones to reflect the
general plan land use as it now existso rThe county is getting hopscotch
patterns of zoningo It is more difficult for the Environmental Review
Department to make a decision on the small areas. She felt the timber
mountainous and open and grazngr, that is now A-2 could possibly be
considered fora: F-R zoning. This could range from one to 160 acre parcel
sizes. The orchard and field crop should be five acrese She felt that
interim A-5 would be a good classification for this area, She hesitated
to recommend R-1 as a lot of areas are developing with mobile homes.
Chairman Winston stated that he recalled the F-R proposed in
the Craig-Mooretown Ridge rezone that has been the subject of hearings
between the Board and the Planning Commission with. the result that nothing
was done. Is the Planning Commission going to have the fortitude to
recommend interim zoning?
Mrs. Blair stated that the F-R proposed on CMR's rezone was
F-H which had a full range of useso F-R zoning district was only in the
Butte Creek Canyono This is for single family residential use. The
Planning Commission is going to hear the CMR Taxpayer`s Association
rezone on October I8, 1978. The Department has good contour maps showing
the existing soils in the area.
Chairman Winston questioned Mrs. Blair regarding the Board's
decision to require zoning with parcel maps?
Mrs. Blair felt that this was a good policy. If you are going
to have land. use patterns established, this is the only way it can be
accomplished. What is developed on that land is what zoning is accomplishing.
This could not be done prior to this. She has an application on her desk
for retail commercial for 20 acres and cannot imagine anything but an ETR.
There was no EIR on the general plan,
Page 349.
October 10, 1978
October 10, 1978
Supervisor Richter stated that there would still be a need for
environmental review on individual projects. If the county is going to
interim zone all of the unclassified land it would have to be zoned
permanently in two years. This is one big burden. It is going to be
difficult to do.
Mrs. Blair felt the Commission and staff could meet the goalo
She would like to bring the Commission and the Board blow ups of areas.
The easy areas should be done first. There are some bad problems with
urban areas. There are about five specific areas they are working on.
She would not recommend ',interim zoning that areao She felt the ,public
needs a little better answer than having to do their own zoning. There
are.. areas where the general plan is difficult to read. She would like
to blow up the areas and definitely define the line of demarkation. Her
department has started on part of this because of staff needso The Board
is going to begin to have a lot of interest by the public. Tt is a real
burden. It can be done, She would like to leave the matter open and try
and get comments from the Commission. There will be a better idea of
where they stand after the first hearing on the general plan amendment.
78°1945 DISCUSSION: RIGHT-OF-WAY ACQUISITION COSTS FOR SRY47AY PROJECT
Clay Castleberry, public works director, set out the cost
of right-of-way acquisition for the Skyway Project. The cost of the
right-of-way from Jessup Door is about.$.10 per square foot. It is
$.85 for the Wood propertyo The prices are too high. The Wood property
was appraised at a little bit less. The amount was turned down. His
office talked with Counsel's Office regarding the matter and he recommended
that the matter be brought to the Board, Jessup Door property is industrial
property and the $4,000 ',per acre is a fair price.
Matter continued to later ip the meeting.
78-1946 DISCUSSION: SOUTH CHICO SEWER - CONTINUED TO OCTOBER 17. 1978
Discussion of the South Chico sewer was held at this time.
Supervisor Richter stated that he was amazed that the trust fund money
was not in the budget. He thought this was one of the more progressive
steps the county was taking. It was something to enable the county to
plan to use the fund to cause things to happen as they should. He would
have appreciated knowing about this during budget session.
C1if Nickelson, administrative officer, stated that when the
county went into Proposition 13 they wexe looking for any possible funds
that could be used,
Supervisor Richter felt the only way to plan in the county is
to be able to have the ability to make public works and public projects
possible.
Chairman Winston felt that annexation would be a reasonable
answer.
Discussion of whether the funds were earmarked held at this time.
Administrative Officer to check on the status of the funds. A
report is to be readyy by October 17, 1978 on surpluses of revenue sharing
funds,
The matter continued to October 17, 1978.
Page 350.
', October 10, 1978
October 10, 1978
75-1947 AUTHORIZE NOTICE OF COMPLETION FOR CHICO WALKWAYS - CW-77-1 TO BE
FILED ACCEPT PROJECT
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the work of Jerome Bohlander was accepted:!=for Chico walkways
CW-77-1 project; Chairman was authorized to sign notice of completion and
the Clerk was instructed to record said. notice of completion.
78-1948 APPROVE AGREEMENTS FOR SALE - RIGHT-OF-WAY ACQUISITION, SKYWAY FAS Y742(1)
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the following agreements for sale, right-of-way acquisition,
Skyway X95 Y742(1) were ',approved; the Chairman authorized to sign and the
Auditor was authorized to prepare warrants upon demand of escrow agent:
Jessup Door 1.9 acre $ 8,600
Glen Wood et al 2.94 acre $11,000
78-1949 MOTION FAILS: AUTHORIZATION TO INSTALL CULVERTS ON TWO MAINSTREAM
CROSSING HURELTON-SWEDES FLAT ROAD
It was moved by Supervisor Moseley, seconded by Supervisor Madigan
that Public Works be authorized to install cul~berts on two mainstream
crossings for Hurelton-Swedes Flat Road.
Chairman Winston stated that the budget refers to matching
funds to be provided by ',property owners. In March of 1978 the Board
adopted a policy to require development fees of $750 in the area.
Clay Castleberry, public works director, stated that two of
the property owners are 'in the process of acquiring minor right-of-way
acquisitions. The immediate stream crossings are bad. The county has
collected some fees of about $3,000 or $4,000 and maybe as much as $6,000
based on the Board's requirementso The county is being fought by one
developer, This project: does not solve the whole road problem by any
means. This would allow crossing during the heavy rain season.
Chairman Winston stated that he would not support the motion.
He made a statement when the matter had been before the Board previously.
Instead of matching money for money there is money being asked for right-
of-way acquisition. The people in Chico are coming in on a loan basis.
Supervisor Richter stated that he also opposed the motion.
The committee worked out'a program with the people in this area. They
would come forth and make an effort to form an assessment district. On
that basis he was willing to say that the county would be willing to
put up some money as long as the amount was put up by the. property ownerso
Mr. Castleberry stated that he would express the Board's concern
to the people involved,
Supervisor Madigan stated that he concurred with bath Supervisor
Richter and Chairman Winstona
Vote on motion•
AYES: Supervisor Moseley
NOES: Supervisors Madigan, Richter and Chairman Winston
ABSENT: Supervisor Lemke
Motion fails.
Page 351.
October 10, 1978
,October l0, 3,978
78-1950 ADOPT RESOLUTION 78-172 & RESOLUTION_78-173 APPROVING PROGRAM SUPPLEMENTS
TO LOCAL AGENCY-STATE MASTER AGREEMENT N0. 03-5912: AUTHORIZE MINOR ROAD
WIDENING BY COUNTY FORCE ACCOUNT LABOR AT BOTH CROSSINGS: AUTHORIZE HEAL
ROAD LANDFILL REPLACEMENTAEEbTAL PHOTOGRAPHS AND TRANSFER FROM REFUSE
TRANSPORTATION AND TRAVEL
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the following action was approved:
1. Adopted Resolution 78-172 approving program supplement No. 5
to Loca'1 Agency-State Master Agreement No, 03-5912 to cover installation
of automatic crossing protection at SNRR & Burnap Avenue at an estimated
cost of $46,250 and the Chairman authorized to sign.
2. Adopted Resolution 78-173 approving program supplement No. 6
to Local Agency-State xia'ster Agreement No. 03-5912 to cover installation
of automatic crossing protection at SPRR & Esquon Road at an estimated cost
of $45,250 and the Chairman authorized to signe
3. Authorized'., minor road widening by county force account labor
at both of the above crossings to meet Public Utilities Cozmnission requirements.
4. Authorized'Neal Road landfill replacement aerial photographs
for design of replacement site at a cost of $1,350 with transfer to come
from refuse transportation and travel budget.
78-1951 ADDITIONAL MATTERS PRESENTED BY PUBLIC WOR3C5
Clay Castleberry, public works director, stated that he had
written a letter on behalf of the Board to CALTRANS asking them what
plans were in the works on the Hight~ay 99 area in Gridley. They are
contemplating some minor improvement. This is possibly a continuance
of a left turn lane, CALTRANS is interest in a cooperative signal
on Olive and Foothill Boulevard. 'He expressed concern about the planning
of a left turn in Oakvale and Olve to allow buses.
Mr. Castleberry stated that Holidaze on Parade have asked for
permission to restrict same streets. They are asking for closure on some
of the county residential streets to disband. He has dictated a letter
stating that if all traffic control was under the officers and local
traffic was allowed to move then there would be approval. His department
would be willing to lend them the barracades.
Supervisor Madigan questioned wir:aCher the deputies would be
paid time and one-half. The downtown merchants did not want the program.
Supervisor Richter did not feel a tremendous financial burden
should be placed on the county, Additional police personnel are going
to have to be provided for by the agency. They should have to pay for
the salaries of the deputies.
Supervisor Madigan stated that the City of Chico is approving
the parade as long as it 'is not downtown.
Chairman Winston suggested that the organization abide by the
requirements of the fire ',personnel, the Sheriff's personnel and the City.
of Chico police personnel. He felt that any expenses ,.should be borne
by the organization.
`~Tlie 'let'ter `~o be modified to state the expenses for
deputies will be paid for by the agency. Sheriff to work with
Administrative Officer regardin -the costs.
', Page 3~.
October 10, 1978
October 10, 1978
78-1952 WAIVE FIRST READING OF ORDINANCE AMENDING SUBDIVISIONW
ORDINANCE AMENDING CHAPTER 20 OF THE BUTTE COUNTY CODE REQUIRING
THAT WHENEVER A DEVELOPER IS REQUIRED TO UNDERGROUND UTILITY
LINES, PROVISIONS; WILL BE MADE_FOk?_CABLE TELEVISION~LINES
-- ~ -- On motion of Supervisor Richter, seconded by Supervisor
Moseley and carried; the first reading of the ordinance amending
the subdivision ordinance amending Chapter 20 of the Butte County
Code requiring that rahenever a developer is required to underground
utility lines, provisions will be made for cable television lines
was waived.
78-19 REJECT PETITION TO FILE-LATE CLAIM - BARBARA MITCHELL
On motion of Supervisor Moseley, seconded by Supervisor
Richter and carried, ,the petition of Barbara Mitchell to file a
late claim for $50,000 in general damages was rejected and referred
to Counsel and the insurance carrier.
78-1954 ADOPT RESOLUTION 78-174: RESOLUTION ADVISING PID OF THE
CHARGES FOR THE COUNTY'S ASSUMPTION OF ASSESSMENT AND COLLECTION
DUTIES IN THE DISTRICT
On motion of Supervisor Moseley, seconded by Supervisor
Richter and carried, Resolution 78-174 advising Paradise Irrigation
District of the charges for the county's assumption of assessment
and collection duties in the District was adopted and the Chairman
authorized to sign.
78-1955 PUBLIC HEARTNG:'JOHN L. BANTUM, MAGALIA - APPEAL OF
SUBDIVISION VIOLATIONS COMMITTEE CONDITION #1 ON A CERTIFICATE
OF COMPLIANCE.. AP 50-25-48, ONE LOT, WEST SIDE OF MOUNTAIN VIEG7
DRIVE, 700 FEET SOUTI~ OF STARS LANE, PARADISE - CONTINUED TO
OCTOBER 17, 1978 AT 10:00 A.M.
The public hearing on the John L. Bantam, Magalia
appeal of Subdivision Violations Committee condition #1 on a
certificate of compliance, AP 50-25-48, one lot, west side of
Mountain View Drive, 700 feet south of Stark bane, Paradise was
held at this time.
Hearing open to the public. Appearing: No one.
The hearing was continued to October 17, 1978 at
10:00 a.m.
78-1956 ADDITIONAL MATTER PRESENTED BY COUNSEL: APPROVE ~.~IRING
OF DEPUTY COUNTY COUNSEL AT STEP C
Dan Blackstock, county counsel, stated that one of
his attorneys is going to be the new City of Chico attorney.
In the last hiring situation there was a list of people who
qualified. He asked the Board to authorize hiring at Step C
for the new attorney.
On motion of Supervisor Richter, seconded by Supervisor
Madigan and carried, the hiring of the new deputy County Counsel
was authorized at Step C.
A letter is to be prepared for the Chairman's signature
thanking Bob Boehm and wishing him well in his new position.
Mr. Blackstock did not feel that Counsel's Office
was the same as other departments.. The deputies are serving
as an attorney for the Boards anal Commissions. He hoped the
Board would consider a senior attorney status as a position that
the deputies dould cwork otoT~rard
Page 3~~3~. October 10, 1978
October 10, 1978
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78-19 APPOINTMIIVT TO THE NORTHERN CALIFORNIA HEAZTH SYSTEMS AGENCY
On motion of Supervisor Richter, seconded by Supervisor
Moseley and'carried,'the following were appointed as members to
the Northern California Health Systems Agency:
Dennis Hefner
Edgar Black, Jr.
David Thode, consumer at large
Vote on motion:
AYES: Supervisors Moseley, Richter and Chairman Winston
NOES: Supervisor Madigaaa.
ABSENT: Supervisor Lemke
78-1958 APPOINTMENT.TO COUNTY II"LPLOYMENT TRAINING ADUTSORY YOUTH
COUNCIL
On motion of Supervisor Winston, seconded by Supervisor
Richter and carried, 'Kathy Lucas was appointed as a member to
County Employment Training Advisory Youth Council.
REC~FSS: 10:10 a.m.
RECONVENE: 10:20 a.m.
78-1959 COMMUNICATIONS
Biggs Lions Club. The Club writes in opposition to the proposed
transfer to the City of Biggs of the Biggs Veterans
Memorial Hall operation. Discussed; no action taken.
Mr. Harry Mcgeen, Magalia. Mr. McKeen writes requesting his
u parcels AP',65-10-002, AP 55-10-003, AP 65-08-006 be
included on list C of the timber preserve zones.
Referred to Assessor and Planning.
Steve Raley, Chico. Mr. Raley writes concerning traffic and
pedistrian safety conditions in the vicinity of the
Jay Patridge School in Chico. Referred to Public
Works to study and make recommendations.
Residents of Kellar Lane, Paradise. A!anumber of property owners
write identifying a possible zoning violation on
adjacent properties. Referred to Planning Department
for action.
Mike McGee, Chico. Mr. McGee writes in opposition to drainage
requirements on his property (AP 47-22-30), 40 acres
in the Meridian-Munjar area north of Chico. Referred
to Public Works Director for report back to the Board.
Mr. Arthur M. Graham, Paradise. Mr. Graham writes concerning
road conditions and visibility on Honey-Run Road.
Public Works to aaaswer letter.
William P. Mace. Attorney representing Mr. and Mrs. R. Horne
appeals a Board of Zoning Adjustment decision granting
a use permit for a parking lot at the Feather River
Hosptial, Paradise, AP 53-271-10, Zone R-1 A&C.
Hearing set for October 24, 1978 at 11:00 a.m.
Butte County Legal Services. The Attorneys, on behalf of
Henry L. Gilbert, submit a claim for reimbursement of
expenses as a candd~t'E•for the Marshal's Office, X230.93.
See motion following communications:= ~ - .
Page 354' October 10, 1978
October 10, 1978
78-1960 REJCT CLAIM - HENRY L. GILBERT
On motion of Supervisor Richter, seconded by Supervisor
Madigan and carried,`the claim of Henry L. Gilbert for reimbursement
of expenses as a candidate for the Marshal's Office in the amount
of,;~230.93 was rejected and referred to Counsel and the insurance
carrier.
78-1961 PUBLIC HEARING: DISCUSSION OF DISTRIBUTION OF STATE SURPLUS
TO SPECIAL DISTRICTS'.
The public', hearing on the distribution of state surplus
to special districts was held as advertised. Bill Lawrence,
auditor, stated that, he felt comfortable with the requirements
as far as safety services being met.
Hearing open to the public. Appearing:
1. John Tolle, Paradise Fire Department. Mr. Tolle
stated that the District determined they would need more than
$951,000 to have the same level of service as 1977-78. Tn June,
when preparing the budget, about X10,000 in overtime was.. deleted.
There was X20,000 in fire hydrant installation eliminated.
There was also X10,000 eliminated from maintenance and supply
items. There was X120,000 in the reserve and the District
felt that some of these matters could be met with it. .When SB 154
came along the reserves were cut back. The District has cut back
on home inspections. The District still needs X28,000 to run
at the 1977-78 level.. It will still be difficult. This amount
is included in the final budget prepared by the District.
Mr. Lawrence stated that the Board made findings after
having a review of the operation that the original proposed budget
would fit the level of service. It is a Board decision.
Supervisor Richter stated that the Board agreed at
sthe pre~rious hearings to fund to the fatal budget level the
Upper Ridge Fire Dis',trict, the Paradise Fire District and the
Gridley-Biggs Ambulance. They were given more money to carry
on their activities.
Mr. Lawrence felt the Board had given the Paradise
fire District a fair hearing. ;LThe Fire Warden looked into
the needs and made a determination of adequate funding for
the District.
Mr. Tolle asked that the Board determix~.e that the
new amount is the amount to be funded. He felt that Mr. Paulus
came to look at the operation as far as efficiency and economic
cuts. He asked that the revised budget be determined as that
needed to maintain the level of services or closer to the level
of services as mandated by SB 154.
Mr. Lawrence stated that the Board would be looking
at X20,000 instead of X28,,090 because the $8,000 is not allowable.
2. Dr. William Hazeltine, Butte County Mosquito
Abatement District. Dr. Hazeltine asked the Board for consideration
to giving the District appropriations from the funds available.
When he was before the Board before, he had told them he could
operate on 70%. Based on better figures this would be about
80/ from last year Grhich is about i,75/ on a comparable buying
basis. The Office of Finance intrepreted the statutes to
Page 355•
October 10, 1878
October 10, 1978
suggest that health agencies should operate to 90% in comparison
to 100% for fire departments and police. As it sits, by
spending all of the monies the District will be broke at the
end of"September next year. They have been picking up high
levels of virus. This could be a natural cycle. The concern
is for next year.
Mr. Lawrence stated that the Board might want to
consider using some of the money for the lighting districts.
3. Ted Haines, Durham Mosquito Abatement District.
Mr. Haines stated that he has the same problem as Butte County
Mosquito Abatement District. He asked for consideration.
~. Barbara Shaeffer, Oroville Mosquito Abatement
District. Mrs. Shaeffer also asked for consideration for funds .
for the District. The District is operating with only one
permanent field man and two are required. There has been
a surge of encephalitus type of mosquitoes.
Mr. Lawrence felt the Board might want to speak to
the Lake Madrone Water District. They have a loan committment
problem. rThey are in a high public safety factor.
Counsel, Administrative Officer, Auditor and Board
to consider requests that have been made carefully.
A letter from Thompson Flat Cemetery District
acknowledged at this time. A copy to be furnished to the
Administrative Office.
The matter is continued to October 17, 1978.
78-1962 COMMUNICATIONS CONTINUED
Mr. J. B. Price. Mr'. Price writes in opposition to a possible
issuance of a use permit and negative declaration for a
commercial', kennel and training center for dogs on
property approximately 300 feet east of Sawmill and
Nunneley Road, Paradise. This matter will be heard
by the Board of Zoning Adjustment on October 11, 1978.
Mr. Price will have input into the meeting at that time.
Thompson Flat.Cemetery District. The District asks that the
."_~.~ Board look upon them favorably on the distribution
of funds because of maintenance, clean up and Workman's
Compensation rates. The matter was discussed earlier
in the meeting.
Nancy L. Batha, Durham. Mrs. Batha appeals condition #1 on
tentative parcel map, AP 39-24-64, two parcels, south
side of McAn:arlin Avenue, 1,000 feet east of Dayton-
3lurham Highway, Durham. Set for hearing October 31,
1978 at 10',:00 a.m.
78-1963 APPEARANCE: RALPH HEDC~ESTROM
Mr. Hedgestrom stated that he was representing Mr.
Tom Moore on north Esplanade. He was told to apply for a use
permit. This was applied for on August 25, 1978. On August 30,
1978 the Board voted', to eliminate the A-2 zoning. He felt that
Mr. Moore should be exempt from the A-2 zoning change.
.Page 355,, _
,_ October„z0, 19.78
October 10, 1978
On motion. of Supervisor Richter; seconded by Supervisor
Madigan and carried, in this instance, the Tom Moore application,
the Board views the original filing for the use permit was prior
to the Board's policy, regarding zoning applications in the A-2
zones and therefore was exempted from the policy.
1964 APPEARANCE: RAYMOND A. LEONARD: RESCIND ACTION SETTING
PUBLIC HEARING FOR ~`EATHER RIVER HOSPI'T'AL USE PERMIT: PUBLIC
HEARING DATE SET FOR OCTOBER 31, 1978 AT 10:15 A.M.
Mr. Leonard asked that the Board set the matter of
the appeal on the Feather River Hospital use permit to a date
other than October 24, 1978.
The Board rescinded their action of setting a public
hearing for October 2G-, 1978 at 11:00 a.m, and set the hearing
date at October 31, 1978 at 10:15 for consideration :'of Feather'
River Hospiial use permit for a parking lot at the Feather River
Hospital, Paradise, AP 53-271--10, Zone R-1 A&C.
•196 APPEARANCE: CECIL JOHNSON
Mr. Johnson: stated that he had a problem with property
in the Paradise area. It has been under a desist and 'restraining
order from the State of California. He is working with the
Division of Real Estate to get a public report on the property.
He was told that he might have to get a change of zoning in order
to work out the problem. He asked that the Board waive the
requirement for the zoning.
Public Works to study the matter and report to the
Board on October 24, '1978.
-1966 APPEARANCE: DON BLAF~E
Mr. Blake stated that he had visited the newest coal
fired plant that is in Muskogee, Oklahoma. He showed the Board
pictures of the plant. The area appears to be clean. He talked
to the assistant plant superintendent, Mr. Moorehouse and looked
at the computer sheets. There is no scrubber; in the plant.
The figures show 800 ton of sulphur dioxide. The plant proposed
for this area will have a scrubber. It is low sulphur at 4.76
and 4.88 sulphur compares to the coal at 1.2'~ out here. The
coal back there is 7,,000 BTU where it is 12,000 BTU out here.
There is a difference betweena the use. Muskogee has 1,200,000
tons of coal in storage. There will be 1,400,000 tons of coal
in storage at the proposed plant in Butte County. c.The plant
in Muskogee is located about 12,~miles east of the city.
The wind blows constantly all of the time. They do not have
aversion problems. The plant is located east of the city and
:the wind blows noxth and south. It does not hit the major cities.
Oroville is downwind from the proposed plant. When it rains
it washes the coal dust into thousands of acres of fields.
When the rain stops anal natural puddles form the wat_er;: goes
into the ground and leaves coal residue. The coal dust is very
subject to spontaneous compustion. The people there never know
when or where fires start. The coal trains will be coming
through our timber area. This could create a problem with the
compustian of the coal dust.
Supervisor ,Richter questioned Mr. Blake on the pictures.
showing the dust.
Page 357• October 10, 19']8
October 10, 1978
Mr. Blake stated that some of the dust was from equipment,
the other was from the dust coming off the coal all at the same
height. The wind was probably 15 to 20 miles per hour. The north
wind blows at 65 to 70 miles per hour in the Oroville area.
Spontaneous compustion generally occurs near the outside of each
of the piles. There are front loaders used for the purposes
of putting out the fires.
78-196 AP~'ARANCE: RON GRAVES
Mr: Graves stated that he was pleased to see the idea
put forth to take the A-2 and interim zone those areas. He
felt that was the best approach. ~-;He hoped the Board would look
long and hard at the interim zones so they do not have too large
of parcels. Ihze to water quality control regulations there must
be soil tests for the purposes of septic in order to have an
approved lot split. There is very little land that can be split
with these requirements. There are many areas that would not
be split if the parcels are too large in the interim zone.
He would hate to see 'this happen.
78-1968 ADDITIONAL MATTER PRESENTED BY CHAIRMAN WINSTON
Chairman Winston stated that he had a copy of the
letter by Peter D. Peterson to the Corps of Engineers relating
to the policies of the Corps of Engineers on riprapping the
river. Letter to be filed.
78-1969 PUBLIC HEARING DATE SET
A public hearing date of November 14, 1978 at 10:30 a.m.
was set for consideration of revenue sharing allocations that
have been made
78-1979 DISCUSSION OT' 1978-79 TAX ROLL AND TAX BILKS
Chairman Winston stated that the Board has received
a series of memos from every department relating to the tax bills.
Last week, Mr. Lawrence, auditor, stated that he intrepreted
section 34 of the revenue code as giving him the authority.to
extend the time for submitting the bills to the Tax Collector.
There is a disagreement between him and Counsel.
Bi11 Lawrence, auditor, read a memo in response to
County Counsel's opinion. He had not asked the Board to authorize
ar delay the tax roll. There are compelling reasons why it is
not practical to complete the roll by the deadline. Section 34
of SB 2212 would be applicable. He does not establish due dates
and delinquency dates for the tax roll. He has good and sufficient
cause not to complete the roll by October 16, 1978. He is not
trying to stir up any problems. We have. controversy that does
not exist. He was willing to discuss the matter. Mr. Blackstock
proceeded to walk out of his office during a meeting. He is
still willing to discuss the matter with anyone involved in the
situation. The reasons the roll is not ready is that his office
cannot compute the roll until all of the tax rates are in from
the districts and there must be time to make corrections to the
roll. This would come into the election. Both of these cannot
be done at once. The election comes first and the tax roll comes
second after November. If the Board did not agree to his statements,
they could take action now.
Mr. Lawrence stated that he said he was construing the
application for extension of the roll. If Section 34 is applicable,
any matter related to budget can be delayed. The tax roll is related.
', Page 358.
', October 10, 1978
October 10, 1978
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dan Blackstock, county counsel, set out his memo of
October 6, 1978. The Board has statutory duty~to supervise that
function specifically to those who are charged with the assessing
and handling of public revenue. The Board is not in a position
to grant o~ infer you agree with the Auditor's situation until
you hear the mechanics of why the roll is not being done on time.
Maybe the Board should try to authorize some extra help. The
county might want to apply to the State Board of Equalization
for an extension of time under Revenue and Taxation Code 154.'
The question of money for the county treasury is a question
relative to bonds of public officials. There is no question
but that the Bcard is in the middle of this from the standpoint
of what you should do. The Board should go into the mechanics
of this and see what they can do to delay this thing. Maybe
six months from now peole are going to decide why wasn't this or
that done and file an action. It may be impossible to resolve.
Supervisor Richter stated that he would like to know ,
what the interest income lost and other losses would be as a
result from what the Auditor proposed to do.
Mr. Blackstock felt that it should be clear on the record
where the Board stands. The Board should see where the problem is.
What can be done to resolve the mechanics of getting the tax roll
out: This should be done to resolve the problem and the interest
income problem. If the bills can be out the first of November or
the last of October, there is no reason to change the delinquency
date. Suppose there is another foulup and the tax bills do not
get out until the first of December and he cannot pay the taxes.
Whether you get a tax bill or not penalties will be charged if
the taxes are not paid on time. This would put the Treasurer
in a bind. He is not going to want to charge penalties. The
county is also looking at additional money for the computer.
SUPERVISOR RICHTER EXCUSED AT 11:30 a.m.
Mr. Lawrence stated that there were many years in which
this deadline was not met. Data Processing messed up the program
one year. As a matter of courtesy because of the delay in getting
the budgetary and tax calculations, there will be delay clause
in the new law that provides for delays. He will make every
effort to get the tax roll done as quickly as possible.
Chairman Winston asked Mr. Lawrence if authorization
for extra help would ',help to get the tax roll out earlier?
Mr. Lawrence stated that it would not help. It is a
matter of getting the information needed. He received one of
the reports this morning and is waiting on two more. There is
a massive amount of corrections on the roll. It is more essential
to get handled. It is to everyone's advantage to. wait until
everything is feed into the computer. He is waiting for reports
from special districts who set their own tax rates. He is talking
about October 3 for the county rates. The office cannot do without
all of the facts and figures. The roll maybe held up with the
assessment appeals. The county is faced with significant appeals.
Mr. Blackstock stated that the Assessment Appeals Board
will not have any hearing completed before December.
Page 359.
October 10, 1978
October 10, 1978
Carl Morton, tax collector, stated that what concerns
him is not only the atmosphere being produced in tax collections
but that he is at the tail end of the cycle. Any changes in
the cycle affects him vitally. The action of the Auditor in
requesting extension of the 30 days was done unilaterally.
He has to change all types of dates. He may have to ask for
an extension of time to mail the bills out under Revenue and
Taxation Code 155.
Mr. Lawrence stated that it was his prerogative to
take a unilateral action. He sent a copy to the Treasurer and
Data Processing. He did not think the complaint was valid.
As far as-his extension of time it may come under Section 34.
If they are wrong they will have to face the problem. His office
has been burdened with time delays since July.
Mr. Morton'stated that he checked with the State Board
of Equalization for filing of requests for extension of Revenue
and Taxation Code 155. The had received one request from a
major county. Tt was a large county and requested an extension
of about two or three days. This was granted. When the dates
are changed this adds to his problems also.
Ed Brown, interim data processing director, stated that
he did not want to get involved in the legal problem. Should
Mr. Lawrence call for the tax bills at the same time as the
election the bills could be produced after November 7, 1978 or
he could begin to produce them now.
Mr. Lawrence stated that it is quite possible that they
will be able to run the roll before the end of this month if
they get all of the tax rates in and the corrections made to
the roll. If they are not in then it will have to be after the
election. He could not give Mr. Brown an approximate time.
Supervisor Madigan suggested that those who do not
have the information,in t~ the Auditor should be called by the
Administrative Officer.
Mr. Lawrence did not feel that was necessary. His
office was working with the districts. They are not pressed
for time. His office just needs some time.
Chairman Winston asked if the districts were going
to pay the X3,000 for the old machine standing by.
Mr. Lawrence stated that he was told that if all
conversions were completed there were arrangements to run the
roll on the old machine. They are depending on the 746 to do
this. Mr. Brown advised him that he has not had time to do
the program for the 930.
Mr. Brown stated th t if the roll can be in their
office and everything is read~by October 19 this can be run
on the computer at no cost to the county. He wanted to minimize
the error of the new computer.
Mr. Lawrence felt he had liven the Board his reasons
far wanting to delay the roll. He is going to get the corrections
in. This year they are in the process of eliminating a hard roll.
copy. :They are working on microfiche. They are coming along
quite well and expect the roll reduction to be a success.
Page 360.
October 10, 1978
October 10, 1978
The have not resolved the corrections yet. If they do not get
all of the corrections into the roll tkzere will be no way to
correct for a long time.
Chairman Winston stated that the Board had Counsel's
memo dated October 6,. 1978 which is quite clear for the Board.
He hoped that the Board members are not authorizing or encouraging.
the Auditor to delay ,the bills. Government Code Section 25303
setsfarththe duties of the Board. This Board is in no position
to determine anything.
The Auditor was demanded that he get the tax bills
out as expeditiously as possible within the timelines referred
to in Revenue and Taxation Code Section 2610.5.
Mr. Morton stated that Mr. Lawrence had indicated
that he,was not going to do the roll until the corrections are
in. This was indicated to him that it may be a matter of months.
Mr. Lawrence set out the agreement reached by the
Assessor, Data Processing and the Auditor. The Assessor's Office
indicated that it would be about four weeks.
Chairman Winston stated that the Board is demanding
the Auditor expeditiously furnish the extension of the roll in
accordance with-the statutes and done under the general authority
set out in Government Code Section 25203.
Mr. Blackstock felt that the key to the delay might.
be the corrections. Maybe the Board should inquire if this is
the key thing. The agreement talks about 30 days. Does the Board
want to go into the question of waiting four weeks or should you
go after meeting the statutory deadlines and do the corrections
later.
Mr. Lawrence felt that he would have to think about
this. He would have to know what the ramifications would be.
He has no purpose in delaying this roll personally or politically
He has fiscal actions that must be taken to produce the roll in
an accurate manner. He stated that he was sick and tired of
having to defend his .actions before this Board. He is not going
to do it again.
Chairman Winston stated and it is recorded and the
Auditor was instricted to act in compliance with the statutes.
The Board is not authorizing a delay of the roll. The Auditor
has elected to leave the room. Chairman Winston appreciated
the efforts of the department heads to try to help the Board.
Mr. Morton stated that the county has Proposition 13
and he thought that everyone within the county family is attempting
to work through Proposition 13. Most of the problems have to be
solved in the court. He has people walking into the office and
saying their assessed value is going up and do not fully understand
the process. If the bills go out this will stop.
78-1 1 ADDITIONAL MATTERS PRESENTED BY BOAR17 MBMBERS
Chairman Winston stated that he had a letter from the
Department of Food and Agriculture saying that the Board does not
have the authority to ban certail chemicals.
-',`=-~ ~- - Page 361.
I October 10, 1978
October 10, 1978
Supervisor Madigan stated that the grower that was
before the Board last Tuesday admitted he :-had. used 24D. He has
residual that may be contibuting to the problem.
.Chairman Winston acknowledged the memo from the Adminis-
trative Officer relative to Juvenile Hall wards.
The county has received the decision of the Supreme:
Court that relates to the constitutionality of Proposition 13.
Chairman Winston stated that he had written a memo to
the Department of Public Works relative to the paving on the FR.OC
parking lot. The paving is breaking down. He has a memo from
Public Works saying he has no idea where the funds will come from.
Clif Nickelson, administrative officer, felt the cost
of the parking lot was twice that of the Superior Court parking
lot. Maybe FROG would be willing to invest a little bi:t of their
money.
Administrative Officer to report back next week on
the matter.
Supervisor Moseley questioned the costs of juvenile
detention homes.
Mr. Nickelson advised that since Proposition 13 the
state is coming in and paying 100% of tb.e pre-July 1 rates.
The county may be in the position of having to pay the difference.
Supervisor Madigan commented on the statements made by
Don Blake earlier in the meeting relative to coal fired power
plants. The dust is .very bad in the~e~ of Fort Sill, Oklahoma.
ADJOURNMENT i
There being nothing ~ther before the Board at this
time, the meeting was adjourned~at 12:10 p.m. to reconvene on
Tuesday, October 17,'.1978 at 9. 0 a.m. r~.~ ~
ATTEST: CT,ARK A. NELSON, COUN Q,ERK j
and ex-officio Clerk o the
Butte County Board of ervisor
- ~ n .__
B VJ10.11111CW.Y,
', Page 362.
October 10, 1978