HomeMy WebLinkAboutM110778November 7, 1978
STATE Ok' CALIFORNIA )
SS.
COUNTY OF BUTTE }
The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Supervisors Madigan, Moseley, Richter and Chairman Winston.
Clif Mickelson, administrative officer; Dan Black stock, county counsel;
and Clark A. Nelson, county clerk by Cathy Pitts assistant clerk to the
Board. ABSENT: Supervisor Lemke.
Pledge of Allegiance to the Fiag of the United States of America.
Invocation by Supervisor Moseley.
78-2105 APPROVAL OF MINUTES
' On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the minutes of October 31, 1978 were approved a s mailed with
the correction to minute order 78-2079, paragraph 3, to state: Bettye
Blair set out the recommendations of the Board of Zoning Adjustment,
This will expand the use by the hospital.
78-2106 ADOPT ORDINANCE 1974: WAIVE SECOND READING SALARY ORDINANCE:°L.
AMENDMENT
On motion of Supervisor Richter,seeonded by Supervisor Moseley
and carried, the second reading of the salary ordinance amendment heat
corrects the date that the Sheriff will take over the duties of the
Marshal to January 8, 1979 was waived; Ordinance 1974 was adopted and
the Chairman authorized to sign.
78-2107 SALARY ORDINANCE AMENDMENT IMPLEMENTING THE CLASSIFICATION CHANGES
RECOMMENDED BY PERSONNEL DEPARTMENT CONTINUED TO NOVEMBER 14. 1978
The waiving of the first reading of the salary ordinance
amendment implementing the classification changes recommended by the
Personnel Department was continued to November 14, 2978.
78-2108 DRUG COUNSELING AND REFERRAL C;OENTER BUDGET TRANSFER AND EQUIPMENT
PURCHASE - MOTION FAILS
It was moved by Supervisor Moseley, seconded by Supervisor Madigan
that the transfer of funds increasing the appropriation to extra help,
$16,783 and employee benefits, $470 with funding coming from professional
and specialized services:,;be approved; that the transfer of $1,465 from
professional services to equipment to allow the purchase of two desks,
$400; two chairs, $150; a video tape camera, $750; a quick set dolly,
$7S; and a battery, $90 be approved; and the purchase of the equipment
authorized„for the Drug Consoling and Referral Center.
Supervisor Richter questioned the request for the transfer
and equipment purchase. It seems as though the memo is saying that
we are not putting in the 107. that was local match. It is now done
by the state. The budget was reduced by X amount of money. All those
that are not matched will be discontinued and will have to go for other
things.
C1if Mickelson, administrative officer, set out the reason
for the reduction in the budget. They reduced the drug program so that
they could get low enough so there would be no matching funds required
and it would be covered by the Short-Doyle program. The thrust was
reduced somewhat. Now, along comes additional state monies to crank
up another program.
It was felt there was not enough information presented to
the Board on the matter.
Page 423.
November 7, 1978
`#
November 7, 1978
Vote on motion:
AYES: None
', NOES: Supervisors Madigan, Monley, Richter and Chairman Wig ton.
L A$SENT; Supervisor Lemke
Motion fails.
The Board requires more information relative to the worthiness
', of the program and seek additional information.
78-2109 APPROVE AGREEMENT WITH CALIFORNIA KAMLOOPS. INC.
', On motion of Supervisor Richter, seconded by Supervisor Madigan
', and carried, the agreement with California Kamloops, Inc. in the amount
', of $2,000 to mark king salmon at the Feather River Hatchery during the
', 1978/79 fiscal year was approved; the Chairman authorized to sign agreement;
', and payment was authorized.
78-2110 APPROVE MEALS-ON-WHEELS CONTRACTS - PARADISE AND CHICO
', On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the following .Meals-do-Wheels contracts were approved and
the Chairman authorized to sign; with funding coming from revenue sharing:
Paradise Meals-on-Wheels - $8,000
Chico Meals-on-Wheels - $7,500
78-2111 ADOPT RE50LUTION 78-188:. AMENDING RESOLUTION 78-162 CHANGING TAX
RATE OF PLEASANT VALLEY ELEMENTARY SCHOOL BOND. 19b4B
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, Resolution 78-188 amending Resolution 78-162 changing the
tax rate from $.059 per $100 of assessed valuation to $.008 per $100 of
assessed valuation for the 1978-79 fiscal year for Pleasant Valley
Elementary School bond, 1964B was adopted and the Chairman authorized
to sign.
78-2112 REPORT ON PREDATORY ANIMAL CONTROL (HUNTER-TRAPPER)
The report on predatory animal control (hunter-trapper) was
received, Information; no action necessary.
78-2113 APPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the following budget transfers were approved:
B-25.Public Works - Transportation Systems. Transfers $8,318
from salaries to intra departmental transfers to provide an appropriation
to cover the cost of a half time position that is charged from the
engineering department.
8-26 Assessment Appeals. Transfers $100-from the reserve to
establish an appropriation to allow assessment appeal members and the
hearing officer to attend a workshop in Redding.
78-2114 APPROVE FINAL SUBDIVISION MAP - WEST LASSEN ESTATES (CONDOMINIUM
SUBDIVISION)
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the final subdivision map for West Lassen Estates (candominium
subdivision) was approved subject to receipt by Public Works of a letter
from PG&E,
~r'~n „~G. GLx.~El{ i.-~.It~uA21 1:~'=:. r"s ..''LR.~.1.1` -,,'Q ~T~f,~kT,A y0i2"-s, i-~1_,
Page 424.
November 7, 1978
November 7, 1978
78-2115 APPROVE CENTEX AGGREGATE, INC. - USE PERMIT TO ALLOW A PORTABLE
AGGREGATE PLANT ON PROPERTY ZONED "A-2" (GENERAL) LOCATED ON THE NORTH
SIDE OF.VANCE AVENUE, EAST OF SACRAMENTO-NORTHERN RIGHT-OF-WAY, IDENTIFIED
AS AP 25-042-12. NORTHEAST OF GRIDLEY
~On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, based upon our knowledge and research and the information that
has been presented to us including the environmental impact report which
was certified on October 17, 1978, and has been reviewed and considered
by this Board, and including further all evidence, both testimony and
documents submitted at the hearing on October 24, 1978, I move we make
the following findings:
(1) The project may have a significant effect on the environment in
the areas of noise generation, dust generation, maintenance
requirements for the surface of Vance Avenue and the extremely remote
possibility of contamination of surrounding wells, and these can
.. be reduced but not eliminated by the adoption of mitigation measures.
Of the environmental effects found to be potentially significant,
all can be reduced to a level that can be considered insignificant
except for noise impacts due to truck traffic on Vance Avenue.
Mitigation measures for reducing the previously listed potentially
significant environmental effects include:
1. Applicant to follow all procedures specified in the BTR
for the control of dust.
2, Applicant to pay costs of conducting tests of wells within
1,000 feet of the project site prior to the commencement of
excavations for the purpose of ascertaining background
levels of turbidity and bacteriological contamination.
3. Provide a vegetation buffer along Vance Avenue consisting of
existing vegetation growth. in the area 100 feet north from
the centerline of Vance Avenue along project frontage.
4. Provide an earthen berm, 10 feet high by 100 feet long, said
berm to be located approximately 586 feet east of Sacramento
Northern right-of-way commencing at Vance Avenue right-of-way
line continuing l00 feet northerly.
5, Submit glans for a safe, paved approach.
6o Immediately remove materials dropped from vehicles along Vance
and the intersection of Vance and Larkin.
7. If road shows more than normal wear or failure, in judgment of
the Public Works Director, immediately repair.
8. Improve corner of Vance and Larkin if intersection fails or
has buildup areas due to large vehicles cutting corners.
9. Blowing fines and dust from the project site shall be controlled
by regular spraying or misting practices.
10. Stockpiling of materials shall be practiced, wherever possible,
to prevent excessive wind erosion of dust and fines from the
prevailing winds.
11, Interior hauling roads and the physical plant site shall be
paved with dust controlling materials,
Page 425.
November 7, 1978
November 7, 197$
12. Immediately take care of neighborhood dust complaints caused
by vehicles going to and from plant along Vance Avenue.
13 Applicant to comply with all procedures and conditions specified
in the Reclamation Plan previously adopted and approved by the
Board of Supervisors.
(2) A11:known feasible mitigation measures which could be employed to
~..redhee the adverse environmental effects of this project have
been incorporated into the project design or have been included
in the above list of mitigation measures.
(3) The project design selected is the best of the alternative presented
in that the alternatives either are less effective in achieving the
project objectives, are infeasible, or are environmentally more
adverse than the alternative chosena
(4) Although there may be significant adverse environmental effects
resulting from project implementation, there are overriding
considerations which justify project approvalo These overriding
considerations include (a) recognition of the resource value
of the dredger tailings on the site as a source of necessary
aggregate material for construction projects, (b) recognition of
the limited supplies of aggregate available in existing quarry
operations in the area and an awareness of the importance of this
sate in assuei;ag a continuing source of supply for this material,
and (c) a recognition of the environmental improvement of this
site which will result from project implementation in the area of
enhancement of the ultimate usefulness of the site for agricultural
and/or recreational purposes and as wildlife habitat, and elimination
of potential mosquito bredding areas on .the site, (d) recognition
that the rake of construction in the area to be served by the project
has been and is increasing and that such construction has a positive
economio- effect on the area and that such construction as well as
this project will provide needed employment opportunities.
{5) The proposed use will not impair the integrity and character of
the zoning in which the land lies and the use will not be unreasonably
incompatible with or injurous to surrounding properties or to persons
residing or working in the neighborhood; illustrative of this is
the fact that the proposed use is consistent with the Butte County
General Plan. This finding is based in part on the understanding
that similar uses occurred in this area in the past without
unreasonably affecting surrounding properties.
Having made the above findings, I further move that the Centex Aggregates,
Incorporated request far a use permit be granted subject to compliance
with all the above-listed mitigation measures which are hereby designated
conditions of approval.
78-2116 AUTHORIZE FINAL PAYMENT OF $7.,500 TO LAKE MADRONE WATER DTSTRICT
PURSUANT TO PRfiOR PROJECT APPROVAL FOR SPILLWAY IMPROVEMENT
,7n m~Q~t~motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, final payment of $7,500 to Lake Madrone Water District
pursuant to prior project approval for spillway improvement was approved.
78-2117 APPROVE FUNDING ASSISTANCE REQUEST. TO NORTHERN CALIFORNIA EMERGENCY
MEDICAL CARE COUNCIL IN THE AMOUNT OF $12 000
William Casey, administrator, Chico Community Hospital, was
present to discuss the request for funding assistance for the Northern
California Emergency Medical Care Council. This is for funding for
MedCom. This system has been in existence for a number of years and
Page 426.
November 7, 1978
November 7, 1978
it covers the Nine Northern Counties. This system was supported by the
Boards of Supervisors. He has been involved in the program since June
in putting together a group of hospitals to further this because of
the tremendous benefite The statistice~ in the last two years shows
an increase in utilization by 15%, This is a increase in Butte County
of approximately 82%, The total number of calls from January to
September, 1977 was 1,096, The number from January to September, 1978
was 1,999. The bulk of the calls were in response to transportation
of outlying areas,
Mr. Casey set out an example of how the program works at this
time, Four of the five hospitals have contributed $2,000 each for the
program to help support it. Out of 22 hospitals in the Nine Northern
Counties 12 have contributed $2,000 each. Some of the others are county
hospitals and the Board may have donated monieso He felt the hospitals
and the Board of Supervisors have a responsibility to the community.
His organization is trying to do their part and work with the Board of
Directors to work for alternative sources of fundingo
Chairman Winston stated that the $12,000 was initially9.for
the5.w~inding down of the program. This Board has been hostile to further
funding of the EMS, He attended the last directors meeting. There was
_aa.k of asking businesses thatbenefitted from this service such as
the logging and lumber business to participate.
Mr. Casey stated that the Board has appointed a committee.
The hospitals first got started in the program because they felt that
tb.e system was a worthwTnile program if it was run properly. They were
concerned that it would be operated effectively and that it be fiscally
viable to provide the service. They felt they should be involved in
the management portion of the program as well. If this program is not
continued there would be a loss of knowing which hospital would be the
best for the particular instance, This is a control center. The
center has a full array of the hospitals and what services are available
and when. They have maps to locate the problem and know better how
to transport the victim.
SUPERVISOR LEM[Oa PRESENT AT THIS TIME,
Chairman Winston felt that the program should be continued.
Supervisor Madigan had had some serious doubts about the organization.
Chairman Winston assured the Board that they would not know the organization
at this time. The private sector has displayed an interest of not only
funding but of monitoring.
Mr. Casey felt that the organization was on the road to improve-
ment as far as management was concerned. This will take time to completely
solved The Governor has made $170,000 at one to one matching funds.
They will have to come up with the additional $170,000 for that money to
be available.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the Board approved the funding request of $12,000 for the
Northern California Emergency Medical Care Council. ABSTAINING: Supervisor
Madigan.
78-2118 APPROVE PROPOSAL OF SHASTA COUNTY COMMUNITY ACTION AGENCY FOR
DEVELOPMENTALLY DISABLED PROJECT FOR BUTTE COUNTY
Pat Lyon, project coordinator for the Action Outreach Program,
was present to answer any questions the Board might have concerning
the program.
Page 427.
November 7, 1978
November 7, 1978
It was moved by Supervisor Lemke, seconded by Supervisor Madigan
that the Shasta County Community Action Agency proposal for developmentally
disabled project for Butte County be approved,
Ms. Lyons set out the way the program works. This is to
identify and make referrals for low income and minority developmentally
disabled. Most of the referrals will be to the Far Northern Regional
Center. The program ends on June 30, 1979,
Vote on motion:
AYES: Supervisors Lemke, Madigan, Moseley, Richter and
Chairman Winston
NOES: Nane
Motion carries,
CHAIRMAN WTNSTON RECOGNIZED STUDENTS FROM LAS PLUMAS HIGH SCHOOL.
78-2119 AUTHORIZE CHAIRMAN TO SIGN LETTER TO RECLAMATION BOARD RE: EROSION
ON THE SACRAMENTO RIVER AT THE SOUTHERN BUTTE COUNTY BOUNDARY
Supervisor Madigan reported on a letter that had been drafted
for Senator Johnson's signature. He signed the letter dated May 22, 1978
to the Governor regarding erosion problems on the Sacramento River.
This was responded to by Huey Johnson> Supervisor Madigan felt that
the County should go on record regarding this matter. The Reclamation
Board will hold their next meeting in Bakersfield on Friday, November 17,
1978. He asked that the Board approve sending of the letter,
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, the Chairman was authorized to sign a letter
to the Reclamation Board regarding erosion on the Sacramento River at
the Southern Butte County boundaxy awaking inquiry of what the state
plans to do to correct the rosion problems.
78-2120 AUTHORIZE PUBLIC WORKS DIRECTOR TO EXPRESS PREFERENCE FOR ALTERNATIVE
RE: PROPOSED REELACEMENT OF GI74NELLA BRIDGE ALTERNATIVES
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the Public Works Dixector was authorized to
express preference for alternative B regarding the proposed replacement
of the Gianella Bridge.
75-2121 COMMUNICATIONS
Roils, Anderson and Rolls, Chico. The Engineers, on behalf of Hignell
and Hignell, Inc., appeal the Advisory Agency's condition ~klb
on a tentative parcel map relating to the establishment of a
single family zone in order to comply with the general plan,
AP 48-203-15, four lots, south side of Manzanita Avenue at
Ceanothus Avenue, Chico, Set for hearing November 21, 1978
at 10:30 a.m.
Judges of the Superior Court, The judges write in support of the proposed
reorganization in the Pro~iation Department. This matter was
handled earlier in the moxning and continued to November 14, 1978,
El Medio Fire District. The District forwards information pertaining to
the use of their building reserve fund fox operating funds
in the current fiscal year. Information; no action taken.
Gity of Chico. Mayor Thorn forwards the City Planning Department's
comments concerning zoning and land use designations in the
north Chico area. Administrative Officer instructed to advise
Page 428.
November 7, 1978
November 7, 1978
City of Chico that such a meeting should be arranged subsequent
to the public hearing process.
State Department of Youth Authority. The Department submits information
concerning the implementation of Assembly Bill 958 (Juvenile
Court law). Administrative Officer to prepare a memo to
the Board regarding this matter on November 14, 1978.
State Department of Water Resources, The Department sends notification
that the final report of the task force on water deliveries
has been approved and forwards supporting information.
Counsel to submit a written report on the letter for November 14,
1978 meeting,
78-2122 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Winston ae'fax~xow3edged a memo from Bob Crisan, welfare
director, dated October 30, 1978 relative to Welfare monitoring. It is
pretty obvious that monitoring has been in effect for some years.
Administrative Officer instructed to follow up to see that
Butte County Legal Services is advised that Bob Robinson is the contact
person at the Welfare Department relative to complaints.
Chairman Winston asked how the county is making out on the
minority contractor situation for the new Administration Building.
He was advised that EDA had originally certified and has now disqualified
the county by 4.9% of the grant or about 1/2 of what was obtained,
The county has applied for a waiver from EDAo The application is
finished and was sent but no news has been received from them.
It was felt the waiver would be approved,
Supervisor Lemke asked what had happened with the contractor
for the Paradise Library and had the payment been made?
Dan Blackstock, county counsel,. advised that the penalty
claim by the Department of Labor with Mr. Welborn was suppose to be
settled between the Attorney General and Mr. Welborn's attorney.
Mro Blackstock to make inquiry and get the answer for
Supervisor Lemke.
78-2123 MOTION TO SEND RESOLUTION TO CALIFORNIA ENERGYYCOMMISSION ENDORSING
CONTINUTNC~ THE HEARINGS ON THE PG&E COAL POWER PLANT - MOTION WITHDRAWN
It was moved by Supervisor-Lemke that the Board adopt a resolution
', to be sent to the California Energy Commission endorsing continuing the
public hearings on the PG&E coal power plant.
Supervisor Lemke felt that this should be done regardless of
what the outcome on Measure A was. He read a news article from the
Chico Enterprise Record regarding approval of plans to approve a similar
plant at Collinsville by the Bay Conservation Cammission.
Chairman Winston felt the Energy Commission would continue
to hold hearings regardless of the outcome of the vote and regardless
of the Board's action.
Motion withdrawn,
78-2124 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MOSELEY
Supervisor Moseley-asked how the Agricultural Commissioner
is coming with the ARB. There was a ting in Sacramento last week.
Yage
November 7, 1978
November 7, 1978
Administrative Office to obtain report from Agricultural
Commissioner.
RECESS: 10:10 .aom. for tour of new Administration Building.
RECONVENE: 11:15 aomo
78-2125 COMMUNICATIONS CONTINUED
Petition. The residents of Humboldt Road, northeast of the Outpost,
in Butte Meadows request that the road be cleared of snow
to Pyuite Campground. Referred to Public Works for comment.
78-2126 APPEARANCE: MARY GILBERT, HONCUT AREA
Mrsd Gilbert presented theBoard with a summary of Senator
Gaylord Nelson's legislation from Wisconsin regarding banning of
herbicides. Mrs. Gilbert went to see Mr. Bandy to get answers to her
questions and was advised that there was nothing he could do to help
that Sacramento and the attorneys had the authority and not the county.
Mrs. Gilbert setcout the effects on wildlife as a result of the use
of herbicides. Mrs. Gilbert stated that they had lost one resident
from Honcut from the spray. She set out her reasons to believe that
this was the case.
Chairman Winston stated that he was going to have a copy
of the letter received from the Attorney General regarding banning
of herbicides senheto her.
78-2127 APPEARANCE: PATRICK PORGANS
Mr. Porgans presented a news release regarding the Cussick
Avenue storm drain and the Community Development Account, He recently
looked into the expenditures of revenue sharing which. the Community
Development Account is a part of. He was concerned about the expenditures
of the funds that had $1 million appropriated. He went to the Auditor
and had him do an audit. This account was set up last year to develop
marginal land and other lands. This is to assist development. At least
one-half of the funds have not gone into community development. Mr.
Porgans set out where the money had been budgetedo The remaining one-
half did not go to the development of marginal land but went to the
Cussick Avenue storm drain. Mro Porgans did not feel the county was
charging enough on the interest for the account.
Chairman Winston stated that as he understands the statement
Mr, Porgans is stating that in the money expended for the extension of
Cussick Avenue drain that sufficient monies will not be charged to pay
back the loan. He is stating that the criticism stems from the fact
that private individuals will be enriched.
Supervisor Richter did not feel that the figuring of the
interest could be made on money that had already been paid back into
the account. There would be a difference in the interest from what
Mr. Porgans had figured,
Supervisor Lemke stated that Mr. Porgans had made some serious
allegations about this Boardts misappropriation of funds for personal
enrichment of someone. If his report is accurate, Supervisor Lemke
suggested that Mr. Porgans take this to the Grand Jury and level charges.
Mr. Porgans stated that he had submitted his report. He will
take this matter to court. It is his contention that this appears to
be a gift of public funds to the private sectoro
Page x+30.
November 7, 1978
------__ __ _= November 7,===_--_ ________~~_
ADJOURNMENT /
There being nothing ft~.%rther before the B and at t is time, t
meeting was adjourned at 11:30 a.m. to reconv e n T ~ ay,~Novemb f 14,
1978 at 9:00 a.m. `~~
ATTEST: CLARK A. NELSON, COUNTY CL
and ex-officio Clerk of the
pBoQa_rd of Sup`~e~rvi/Jsors `
gy: -C~-~-~ ~. "-c~~/0ri~ Ch 'rman, Boa of Supervisors
Page ~+3i.
November 7, 1978