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OF CAT,IEORNIA
OF BUTTE
SS.
November 13, 1979
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Mickelson, administrative officer; Dan 8lackstock, county counsel; and
Clark A. Nelson, county clerk, by Nancy Wi Ison, deputy, clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Wheeler, seconded by Supervisor Moseley and
unanimously carried, the minutes of November 6, 1979 were approved with the
following correction:
Minute order 79-1803, page 324, paragraph f, to read: some of the
logistical questions, .
ADOPT ORDINANCE 20b!};SALARY ORDINANCE IMPLEMENTING THE SECOND
PHASE OF EMPLOYEES' RAISE AN_D VARIOUS PERSONNEL ACTIONS
On motion of Supervisor Winston, seconded--~Superviso- r feeler and
unanimously carried, waived the=second reading ofthe salary ordinance implementing
the second phase of the employees' raise and the various personnel actions approved
in the budget; Ordinance 2060 was adopted to become effective January'5,, ]980
and the Chairman was authorized to sign,
ADOPT ORDINANCE 2061: COUNTY CODE AMENDMENT CHANGING THE
NORMAL COUNTY OFFICE HOURS TO CONFORM T040-HOUR WORK WEEK
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, waived the second reading of County Code amendment changing
the normal county office hours to conform to the 40-hour work week, 8:00 a.m. to
5:00 p,m, becoming effective January 5, 1980; Ordinance 206] was adopted and
the Chairman was authorized to sign.
ADOPT ORDINANCE 2062: COST-OF-LIVING INCREASE FOR RETIRED .EMPLOYEES
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, waiving the second reading of an ordinance and retirement
contract agreement providing for the cost-of-living increase for retired employees;
Ordinance 2062 was adopted and the Chairman was authorized to sign.
ADOPT RESOLUTION 79-233 CETA YOUTH COUNCIL ADDITIONAL MEMBER
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, Resolution 79-233 expanding the CETA Youth Council from 20
to 21 members to provide for an odd number Council and representation from the
vocational education field to reappoint Mr, Wally Schwartz, Oroville High School
vocational counselor was adopted and the Chairman authorized to sign,
APPROVED APPOINTMENT OF MR. JIM RYAN AS CHAIRMAN OF CETAC
On motion of Supervisor~Vhee er, secon ed y Supervisor inston and
unanimously carried, the appointment of Mr, Jim Ryan as chairman of CETAC as
new federal regulations prohibit an elected official from serving as chairman; Mr.
Ryan to be the labor representative.
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November 13, 1979
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PUBLIC HEARING DATE SET FOR C. HOWARD ISOM AND GUY F. HALL -PETITION
OF LAND CONSERVATION ACT AGREEMENT
$et a pu lic nearing date of December il, 1979 at 10:00 a,m, to consider
the petition for cancellation of Land Conservation Act Agreement of C. Howard Isom
and Guy F, Hall was set,
APPROVED CONTRACT ~ FOR CHICO MEALS ON WHEELS WITH CHICO AREA
COUNCIL ON AGING, INC.
-' On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, a contract agreement with the Chico Area Council on Aging,
Inc, to serve the Chico Meals on Wheels in the amount of $7,500 revenue sharing
for the period October i, i979 through October 1, 1980 was approved and the
Chairman authorized to sign,
APPROVED DISCHARGE FROM ACCOUNTABILITY - GRIDLEY JUDICIAL DISTRICT
CASES
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, Gridley Judicial District discharge from accountability on
43 cases totalling $5,124 in accordance with Government Code Section 25257 was
approved.
Clif Mickelson, administrative officer, stated a hold will be placed with
the Department of Motor Vehicles whereby the defendant will not be able to renew
their drivers license upon its expiration date until the fine has been settled.
AUTHORIZED DELETING FEMALE/ABUSE CONTROL OFFICER PROGRAM
Clif Mic!<elson, administrative officer, stated about nine fo hen months ago
when the program was approved the Female Abuse Officer was included, since that
time the City of Chico agreed to handle the program, He recommended that when any
additional funds come in that the program be funded and it was one of the conditions
the agreement committee had,
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
unanimously carried, that the Female Abuse Control Officer Program be deleted from
the AB90 FY 197980 application because of budgetary limitations with the approval
of the County Justice System Advisory Group.
APPROVED NOTICE OF INTENT TO PARTICIPATE IN CSAC EXCESS WORKERS'
COMPENSATfON PROGRAM
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, a letter of intent to participate in the CS,4C Excess Workers'
Compensation Program with a premium to be $i 2,864 and effective November 1, 1979
and-authorizing the Chairman to sign the letter; authorize the Risk Management Coordinator
to give notice of cancellation to present carrier; and direct the Auditor to prepare the
necessary budget transfer.
AUTHORIZED SUBMISSION OF CETA INFORMATION SYSTEM SELECTION REPORT
TO DEPARTMENT OF LABOR
On motion o~ SSupervisor Wheeler, seconded by Supervisor Winston and
unanimously carried, authorized submission of the CETA information system report
by the Data Processing Executive Committee to the Department of Labor and if
accepted authorize award of bid.
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November 13, i 979
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November 13, 1979
APPOINTED COMMITTEE TO STUDY AMBULANCE SERVICE CONTRACT
Discussion was held at this time regarding the Board's policy relating to dry
runs, bad debts and 5150 medical evaluation reimbursements to ambulance operators.
Clif Mickelson, administrative officer, stated he felt the Board now and
in the future would be confronted by people with certain vested interests. He had
sent the Board a memo expressing his serious concerns and that of the Auditor in the
next fiscal period. He recommended that they drastically cut back funds such as
the ambulance service contract,
Bill Scott, representing ambulance operators in the area, stated the bad
debts listed on page 4 of the memo represents the claims they filed with the county
for individuals they could not collect from. They try every manner and method to
collect funds from these peopl~but have failed, Mr, Scott gave examples of people
such as transients or people falling from the train calls they respond to. Ne felt it
was a lost cause to collect from fhese type calls. All of the 88 claims in 1978-79
were not transient. calls. Another type call is from bar rooms or over dose cases.
Many times they have no insurance or do not provide their names or addresses.
Mr. Mickelson stated many times, ES pecially in Paradise, a request is
made for an ambulance operator who then calls the fire department and it ends up
being a governmental charge, He felt some of these costs have to be understood
as a cost of doing a business, They do not bail out the private hospitals,
Mr. Scott stated before they take any claims to the county they check
with the hospital to see if ;IVledical requirements are met for these individuals,
Mr. Scott stated according to Mr. Mickelson's memo the dry runs by a public
agency are not legitimate requesk, They receive calls of automobile accidents .with
injuries and are dispatched but before arriving they are notified either they are no
longer needed or the injuries did not require an ambulance or they were transported
by other means. It is a rare pe.casion where they can bill a private citizen for a
dry run.
Chairman Lemke felt it depended on who had made the telephone call,
Mr. Scott stated that the private patient is paying 25°lo to 30% to
subsidize the dry runs, he did not feel it was fair.
Mr. Mickelson states, Scott was telling this Board that the charges for-the
dry runs were being passed on to the private sector.
Mr, Scott stated just the private sector dry runs, they are not already
subsidized, Medical only pays 50 to 60~ on the dollar. He did not feel the
individual person should have to subsidize the whole total. The total bill left
the 5150 for the entire county was $23,265. He felt the ambulance owners had
done a pretty good -job.
Supervisor Winston stated on page 6, paragraph 4 of Mr. Mickelsoris memo
the three life area support does not bill the county for dry runs. There are
different standards. They do not charge a private individua! for a private run but if
a county official calls the county is billed, He felt there was different standards.
Chairman Winston stated in the Gridley area they had formed a tax district to maintain
their ambulance services. He felt there had been a definate abuse by some family
members. Page 345
November 13, 1979
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Mr. Mickelson stated if there were people interested this could be doge in
other areas through taxes.
Chairman Lemke stated possibly a committee could be formed with staff,
members of the Board and the ambulance operators before it comes to the Board for
a final decision. The Board is going to have to resolve this and make a policy decision.
He felt it was the first time the ambulance providers have had a change to approach
the Board and argue their case. He questioned if they could pui• this into a committee
where they could get a reasonable representation and come back with a negoi•iated
agreement.
Supervisor Winston felt it was obvious to everyone that this Board next fiscal
year was going to see a critical time• They do not have the money
and it is frightening.
Supervisor Wheeler felt she did not have enough time on this issue with
the information that had been provided to make a final decision.
There was a motion by Supervisor Winston that they authorize the amendment
to eliminate dry runs altogether.
Motion dies for lack of a second.
Supervisor Dolan stated there was going to have to be a compromise between
private business and ambulance service, if she was a business owner and someone
wanted to buy it she wouldn't ask if they could afford it.
Chairman Lemke questioned if it was a liability to the county if. an. officer
did not call an ambulance and the person died.
Supervisor Winsta~ stated they were not determining if a person was to call
an ambulance they were considering bad .debts.
Rob Glusman, Marsh, Mastagni & Marsh attorney, representing the ambulance
owners questioned if the 5150 was the only item included in the amended motion. He
stated there was no subjeci• amount on what the ambulance will charge for the 5150
calls should be subjeci to negotiatia~s as they are 50°la medical rates. The old
amendment would be cancelled and a new one negotiated with the county responsible
for the 5150 and it would have to be a contract one way or another.
Mr. Mickelson stated it would be transportation by other means than an
ambulance.
Mr. Blusman stated .the ambulances could not stay-in business without
the help with the .dry runs and bad: debts. The backup teams could not be staffed
for emergencies if there was more than one at a time. If it was the Board's wish to
put it to a committee they would agree as this was their feelings also.
Mr. Mickelson stated they could have a franchise and the money they
received could be used to operate an ambulance and off set these costs. He stated
some counties are doing this.
Supervisor Dolan questioned.if the county had a legal responsibility to
provide for medical services for indigents.
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- Mr. Mickelson questioned what the definition of an indigent was. Accord-
ing the the Health and Welfare Code it was only a person who was an illegal alien
who did not have money.
Dan 9lackstock, county counsel, stated it is in fihe Health and Welfare Code
and is copied from the Medical definitian.
Mr. Mickelson stated the Board felt it had a responsibility so they went
into an oral responsibility of an indigent, an illegal imigrant. Colusa County does
not pay anything to anybody.
Supervisor Dolan stated if we have a sher i'ff or deputy in a county department
and as part of their job they call an ambulance can it be assumed That we have to pay.
Mr. Mickelson stated many of these costs are not from the county sheriff or
county fire department. They pre from the Paradise Fire Department, EI Medio and
Chico city police department. They are paying for them all right now.
Chairman Lemke stated he would point the policy direction to the committee.
He would like to appoint Supervisor Dolan and Supervisor Winston to the committee.
Supervisor Winston felt he was prejudice so he could not serve. He could not
bring objecrivity to Ehe committee.
Supervisor Moseley stated she could be hard nosed when if comes to money.
She felt there were some things that could be brought up and priorities and she would
be willing to sit on the committee.
Chairman Lemke stated Supervisor Moseley and Supervisor Dolan along with
Mr. Mickelson and representatives from the ambulance operators were to form a committee
to look into the ambulance service contract.
RECESS: 9:38 p;.m.
RECONVENE: 9:50 a.m.
DISCUSSION; REGARDING SUPERVISORIAL DISTRICT REAPPORTIONMENT
Dan Blackstock, county counsel, stated they were to waive the first reading
of the ordinance and the ordinance has the legal description that was presented to them
by the map.
Gerald Lively, deputy administrative officer, stated Mr. Nelson the County
Clerk-Recorder would need to be consulted before they postponed a decision for one
week as he has deadlines to meet.
Supervisor Dolan stated the Planning Commissioner she had appointed from
her district was now five lots-outside of her new proposed district. She also agree: to
!<eep the boundaries or the voting precincts together. There were probably aboui• 400
registered voters, to add the five and split the precinct. She felt they should keep
them together it would keep the 1°lo variable.
Mr. Lively stated at the„ meeting with Mr. Nelson he had requested that
the line be drawn straight at the high school boundary. Taking from Chico River Road
was quite a problem. He did not realize this change was coming.
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Mr. Blackstock stated in regards to the appointment.of the PlanningJCommissioner
the Code reads the term is in effect for the four years.
Mr. Livel y stated he did not know what the population figures were for this
area. He would check with Mr. Nelson and come back to the Board before the close
of the meeting today,
The discussion was held over to be handled later in the meeting,
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APPROVED BUTTE COUNTY FAIR BOARD BUDGET TRANSFER
--~ On motion of Supervisor Moseley, seconded by Supervisor Dolan and
unanimously carried, the Bui•te County Fair Board Budget Transfer 1979-4 for $4,700
between salary accounts and is a bookkeeping transfer to place the allocation of funds
into proper account was approved and the Chairman authorized to sign,
APPROVE BUDGET TRANSFERS
On motion of Supervisor Wheeler, seconded by Supervisor Winston and
unanimously carried, the following budget transfers were approved:
B-33 -Public Works, This transfer provides an appropriation for the East
Avenue and EI Paso Way and Pillsbury traffic signals (Work Order 1925), Appropriations
are from unanticipated FAU revenue in the amount of $64,567,50 and local assistance
169,1 Funds in the amount of $10,432,50, This appropriation covers the contract awarded
by the Board of Supervisors on November 6, T 979.
B-34 - Manpower Administration, Establishes an appropriation from
unanticipated~Vlanpower Program revenue to cover the $67,596.00 excess insurance
premium for comprehensive insurance.
APPROVED AGREEMENT WITH CALIFORNIA HOUSING FINANCE AGENCY EXTEND-
I NG THE PROGRAM
~On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, the California Housing Finance Agency has extended the home
ownership and home improvement program from January 1 through December 31, 1980
and authorize the Chairman to sign the agreement extending the participation.
ADOPTED RESOLUTION 79-234 ESTABLISHING FAIR MARKET VALUE OF BURBANK
SCHOOL SITE
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, Resolution 79-234 establishing a fair market value of the Burbank
School site and authorize the Planning Department to initiate a marketing program was
approved and authorize the Chairman to sign,
APPROVED COMMUNITY ACTION AGENCY ITEMS
On motion of Supervisor ee er, secon e by Supervisor Moseley and
unanimously carried, the following :Community..Action Agency items.' ,,,ere approved'
1, Authorized the Chairman to sign a contract amendment with Department
of Energy Weatherization for the U, 5, Department of Energy Low Income Weatherization
Assistance Program Round III funding; the amendment extends the termination date from
August 14 to December 3l, 1979 and allows for utilization for profit contractors was
approved.
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J ~ 2, Authorized the Chairman to sign a contract amendment 'for Community
Services Administration Weatherization with State Office of Economic Opportunity for
the purpose of extending the termination date of the contract from December 31, 1979
to June 30, 1930 was approved.
3, Authorized the Executive Director to enter into "rental agreements
of a short term duration not to exceed six months for the rental of land, office space,
and/or storage,
4. Authorized the Chairman to sign grant award and signature cards for a
basic grant award from Community Services Administration for $184,000 and will cover
the period January 1 through December 31, 1980; included within the grant is the use
of $3,018 in 1978 carryover funds bringing total federal share to $207,01$ with
$4b,000 in-kind services were acceptedo
5. Authorized the Chairman to sign the Senior nutrition program proposal
for submission to State Department of Aging to provide se;iior nutrition meals to Butte
County residents under Title III-C of the Older American Act; the proposal is for 440
meals per day at two sites in Oroville, and one in Chico, Paradise and Biggs for the
period January T through December 31, 1980, total amount of funds is $445,681 (federal
Title 111-C funds, $318,993; USDA reimbursements, $44,044; project income, $7,200;
and required 10°lo match, $35,444was approved.
SET PUBLIC HEARING DATE FOR STANLEY L. PARSLEY VARIANCE FOR MOBILE HOME
~~~ A public hearing date of Dece~er ~, 1979--at~O:Of} a.m, was set to con-
sider Stanley L, Parsley request for variance to Sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home an AP 29-1b-1-32, 4th Street,
Richvale, zoning: ARMH.
APPROVED TREASURER-TAX COLLECTOR ITEMS
On motion of Supervisor oseley, seconded by Supervisor Winston and
unanimously corned, the following Treasurer-Tax Collector items were approved:
1. Approved claim for refund - W, C, Connell, AP 53-31-006,
2. Deny penalty relief for -James Campbell, D. D, S,, Inc. Account
No, 16-000352A0,
3, Deny penalty relief for -James Campbell, D.D,S„ Inc. Account
No, 1b-00035200.
4. Deny penalty relief for -Robert Mc Kennon. AP 42-330-9.
5. Authorize cancellation of tax for 1975-7b -Ernest G, Dickinson,
AP 66-20-21, for $250.64 which was erroneously paid on the wrong parcel; cancellation
is pursuant to the provisions of Revenue and Taxation Code Section 4946.
1842 ~ ADOPTED ORDINANCE 2063 ESTABLISHING SPEED LIMIT ON VARIOUS ROADS
On motion of Supervisor Mo~s~ley, second~d~'y Supervisor Dolan and
unanimously carried, waiving the second reading of an ordinance establishing sped
limit on various roads to 25 MPH speed limits on new residential area roads in the
south Oroville area; adopted Ordinance 2063 and authorized the Chairman to sign,
Page 349
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AUTHORIZED FEE INCREASE FOR STREET SIGNS
~On mot ion of Supervisor Wheeler, seconded by Supervisor Winston and
unanimously carried, increasing the fee for street signs from $75 to $100 for the
fabrication and installation of private and public road signs was approved.
DISCUSSION: REGARDING COMBENING ORDINANCES
Dan Blackstock, county counsel, suggested waiving the two or three ordinances
that were on the agenda today and combining them. Mr. Blackstock felt that they could
save money in publishing the ordinances by combining them if there was no urgency in
adopting them.
Clay Castleberry, public ~aorks director, stated there was no problem with
the Mc~.~owan and Valine Subdivision if it was delayed a few weeks.
WAIVED FIRST READING OF ORDINANCE AMENDING CHAPTER 20 - MC GOWAN
AND V_A_LINE SUBDIVISION •
On motion of Supervisor Wheeler, seconded by Supervisor Winston and
unanimously carried, the waiving of the first reading of the ordinance for McGowan
and Valine Subdivision to amend Chapter 20 of the County Code by adding Section 20-155
which would give authorization to use the contraci• of a formed assessment district in
lieu of the requirement for labor and material, maintenance and performance bonds
and subdivision agreement and combine with two other ordinances for final reading.
APPROVED INTERCITY TRANSIT SYSTEM GRANT APPLICATION AND AUTHORIZED
PUBLIC WORKS DI_RECT_OR TO SIGN
On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, a grant application for intercity transit system capital equipment
for submissia~ to Caltrans for one-time purchase of capital equipment for total amount
of funding to be $190,000 (federal, $152,000; SB b20 funds, $19,000; and SB 325
funds, $19,000)to include four buses, $120,000, fare boxes, $1,300; bus radios,
$7,200, base radio, $10,000; 25 bus benches, $2,500; 45 bus stop signs, $1,710; ten
bus shelters, $30,000; and contingencies, $17,290 was approved and the Public Works
Direci•or was authorized to sign the grant application,
PUBLIC HEARING: QUAIL RANCH (MILTON REDMOND) APPEAL WAS UPHELD
-'~ The public hearing for Quail Ranch ~~ilton Redmond) appeal of Advisory
Agency condition number 3 regarding applying for an diligently pursue a 20 acre zone
change on a tentative parcel map, ten lots in Butte County (concurrent with a map for
15 lots in Yuba County), AP 28-08-08 and ,4P 28-10-09, southeast corner of Loma Rica
Road and La Porte Road was held at this time.
The Planning "Department was not present to answer any questions regarding
the requirement to pursue a 20 acre zone change,
Chairman Lemke stated they had discussed this requirement before where
an applicant is required to pursue zoning, all they need to do is pay the $150 fee
and file for a zone change. He felt the requirement was a little dumb.
Earl Nelson, environmental review director, stated he felt there was two
options, whether to condition this projeci• orfind the area rezoned. From his departments
stand point they support the policy of the general plan, There are large lots in this area,
Supervisor Winston questioned if this property was subdivided into 20 acre_
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November 13, 1979
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7g- parcels and three months from now I am in conformity with the zone and he wanted to
d' cut it into 4 to 5 parcels he would run up against the General Plan that has been
adopted which says the density will go to 20 to 40 acres.
Mr. Nelson stated this area was within the Residential Agriculture zone
and it applies here. The Planning Department was aware of the conflicts with the
General Plan and he felt it should be direcf~ed to Planning staff.
Hearing open to the public, Appearing:
1. Milton Redmond, Yuba City, Mr, Redmond stated he was a part owner
and he had had an extensive EIR prepared for the property . He had gone to a lot of
expense and time. He was not in favor of four way splitting, He felt the project was
beautiful the way it was. If he were in a position of buying a parcel he would have
the opportunity to apply for a two way split. He felt that four way splits should be
prevented and that through Public Works, Environmental Review and Planning staffs
this would not be allowed. All he was asking was that it remain as it is, The response
time for fire has been from 5 minutes to 19 minutes. There is a school in the area,
the high school students still go to Oroville. It was not a goad area for high density.
Supervisor Dolan felt that the 20 acre requirement was in the best interest
of the land.
SUPERVISOR WI-iEELER ABSI=NT AT THIS TIME.
Mr. Redmond did not feel that four way splits were good for anyone. If
an individual had 20 acres and. it was too large he should at least have the opportunity
to try to dividce it.
Chairman Lemke stated that anything less than the 20 acres would be
requested to autwnatically require a General Plan change in the area before less
than the 20 acres could be broken up.
Mr. Nelson felt this was a question that should be directed to the Planning
Department. As long as the General Plan map governs on the zone, 20 awes would
be the minimum unless that could meet the requirements.
Dan 8lackstock, county counsel, stated that the zoning is suppose to be
consistent with the General Plan. There could be no rezoning unless it is consistent.
There is some problems with the consistency with the text. The fees for both the
rezone and the. Environmental fees are $325.
Chairman Lemke felt all an individual has to do is go an apply with the
$325 and he can say he is diligently puF•suing a zone change, He felt it was a sham.
zoning.
Mr. Blackstock felt it was not a sham but would bring consistency with the
Hearing closed to the public and confined to the Board.
On a motion of Supervisor Winston, seconded by Supervisor Moseley that
the appeal of Quail Ranch (Milton Redmond) of Advisory Agency condition 3 regarding
applying for and diligently pursue a 20 acre zone change on a tentative parcel map, ten
loss in Yuba County), AP 28-08..fl8 and AP 18-10-09, southeast carver of Loma Rica
Road and La Porte Roud be upheld.
Page 351
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November 13, 1979
Supervisor Dolan stated she did not think the condition would apply for 20
acre zone, she did not think it was a sham. People expect that by buying this parcel
they could divide 200 acres into l0 acres. A lot of property in the area is in the
Williamson Act and it fits, it fits the 20 acre zone and it should be applied here.
A future parcel owner would have a hastle he wouldn't want four parceling.
Chairman Lemke stated that she was anticipating that everyone that moved
out there was going to zone to do it,
Vote on the motion:
AYES: Supervisors Moseley, Winston and Chairman Lemke
NOES: Supervisor Dolan
ABSENT; Supervisor Wheeler
Motion carried,
1848 FORMED COMMITTEE TO STUDY SNOWPLOWING POLICY
Discussion was he d at t is time regarding Pu lic 'vVorks proposed snowplowing
policy which would provide: no extension of plowing or sanding, no weekend or- over-
time plowing or sanding, no sanding off of main roads, and attempt to eliminate or
reduce costs of plowing from Stirling City to Inskip Inn.
SUPERVISOR WHEELER PRESENT AT THIS TIME.
Clay Castleberry, public works director, set out the background on the
snowplowing policy. Since budgeh session time he has reduced his staff by five people,
He had been asked to keep Public Works costs down. Every year the costs of snow-
plowing have gone up, Last year they spent $62,000 on snowplowing and sanding.
He suggested they study his proposals that were presented to Them. They could reduce
last year's costs by about $20,00 equaling the costs of one of five field crew positions
that was eliminated. By not working any overtime it would save the I~ time that is
paid out and no weekends. He felt they should find some other answer. There was
a man in Stirling City who was willing to do the work through a contract. He had
checked with Yuba County regarding their assistance at the end of the Clipper Mills
Road, He was informed they do not maintain those types of roads. He would like any
help or suggestion the Board might have to reduce the costs as time goes on the costs
continue to get higher. Ten to fifteen years ago they did not go to Butte Meadows
but had extended the distance since that time. In Placer County they have formed
assessment districts for this service. Mr, Castleberry stated he understood some of the
people effected would like to meet with him before the Board makes a final decision.
Chairman Lemke staffed he had a letter and petition from the Inskip area
regarding the snowplowing, Chairman Lemke read from the petition which was signed
by people from within Butte County and out of the county who ski during the winter
at Inskip. There were 468 names on the petition, The letter was from Mr, R, F,
Duffey, Stirling City regarding the plowing of snow on the road from Stirling City
to Inskip,
Supervisor Wheeler stated there were people in the audience from Butte
Meadows who were very interested in continuing the snow plowing in that area,
Supervisor Wheeler asked that the Board appoint a committee, and she would like to
be on the committee, to study the feasibility of continuing the snowplowing or the
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formation of special district on a user fee basis. She would like the Public Works Director
to meet with them. She would like a couple weeks in order to come back with a formal
statement.
Chairman Lemke questioned if there was anyone who would like to come
forward and address this issue Fhat was before the Board.
1 . Mr. Leo Settiemeyer, Colusa County and Butte Meadows. Mr. Settlemeyer
stated his residence was in Colusa County but five months out of the year he and his
family reside above Butte Meadows one mile. Mr. Settlemeyer was here as a private
citizen and on behalf of several people from the Butte Meado~,vs area. There are people
in the area who have investments in their homes and property. They need the removal
of snow in order to have access to their homes during the sno°,v season. On behalf of
these people he would like to assist the Board and Public Works Department on the
policy of the .snow removal.
Mr. Castleberry stated the nurnber of days required to remove the snow
varies each year and could not give a number of days. They have 25 pieces of
equipment plowing snow and there may be aye or two in the higher areas. Mr.
Castleberry stated the County does receive some snow removal money from the state
but is not sure how the formula works, They never have paid for the total amount,
In the past 10 years they have extended the areas they cover, Half of the amount is
not used in the Paradise Irrigation District but they will be loosing that revenue„
Chairman Lemke stated he would like to have a committee of four Formed
to study the Butte Meado~+vs, Inskip and Clipper Mills area.
Supervisor Winston stated he felt everybody involved should be included in
this matter from through out the county.
Chairman Lemke stated they should report back no ,more than two weeks
as it is getting late in the season.
The committee is to meet November 21, 1979 at 13:30 a.m. in the Board
room after the BCAG meeting.
SET PUBLIC HEARING DATE FOR WIDENING AND CURVE REALIGNMENT OF LOWER
WYANDOTTE ROAD .
- A public hearing date of December 4, 1979 at 10:15 a.m. was set to consider
the proposed negative declaration and decisia~ to proceed with the Butte County Public
Works -public projeci• #23511-79-1 ,widening and curve realignment of Lower Wyandotte
Road,
APPROVED AGREEMENT TO RETAIN ATTORNEY SERVICES
Dan Blackstock, county counsel,-state-~d tie reason for the agreement is if
there is a conflict of interest, There has been a case where it was multiple and he
could not handle both cases.
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, an agreement to retain attorney services of the law firm of
Leonard and Lyde to render services upon assignment in cases related to tort liability
at a rate of $55 an hour and includes provisions for other miscellaneous expenses was
approved and the Chairman authorized to sign,
Page 353
November 13, 1979
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November 13, 1979
APPROVED AMENDMENT TO LAND CONSERVATION ACT AGREEMENT -CHEROKEE
FARMS, INC.
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, the amendment to 4and Conservation Act Agreement with
Cherokee Farms, Inc. was approved and authorized the Chairman to sign.
APPROVED AMENDMENT TO LAND CONSERVATION ACT AGREEMENT -HELEN M.
AND TIMOTHY M. KELLEHER
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
unanimously carried, the amendment to !_and Conservation Act Agreement with
Helen M. and Timothy M. Kelleher was approved and authorized the Chairman to sign.
DISCUSSION: REGARDING COMBINING THE ORDINANCE AMENDING SECTION
20-b6 RELATING TO TIMELY APPEAL OF SUBDIVISIONS WITH OTHER RELATED
MATTERS
" Dan 6lackstock, county counsel, stated the Board could save money by
combining this ordinance with others in order to save publication costs. It might be
too small to worry about. The ordinance goes into effect 30 days after it has been
approved by the Board and must be published 15 days after its passage in a ne:NSpaper.
Clif Mickelson, administrative officer., stated if they did not read the
second one they they could all be taken in on swoop,
Mr. Blackstocl< stated if the Board wished he could start by having only
one ordinance a month, He will have the ordinance regarding amending Section 20-bb
relating to timely appeal of subidivisions and McGowan and Valine Subdivision amend-
ing Chapter 20 of the County Code by adding Section 20-155 giving authorization to
use the contract of a formed assessment district in lieu of requirements for labor and
material, maintenance and performance bonds and subdivision agreements combined
and back to the board next week.
RECESS: 10:43 a.m.
RECONVENE: 10:50 a.m.
ADDITIONAL MATTER FROM COUNTY COUNSEL
Dan Blackstock, county counsel, stated regarding the PG&E franchise
problem which the Board had authorized him to make a counter offer that PG&E
will have to be able to ask for a future rate increase on the claim. For a rate
franchise they will need an agreement.
Chairman Lemke questioned if the county would get a percentage of the
increase in the franchise agreement with PG$E.
Mr. Blackstock stated there had been a computation error.
Chairman Lemke questioned if PG&E would go back to PUC to pay fo~• the
increase that the County was to receive.
Mr. Blackstock stated that if the County was successful in their litigation
they could anticipate that as a financial settlement would be a lengthy litigation.
Mr. Blackstock stated that PUC does not get involved until PG&E can show the
franchise is cause.
Page 354
November 13, 1979
79-
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November 13, 1979
On motion of Supervisor Moseley, seconded by^Supervisor Winston and ...
unanimously carried, authorize County CounseE Dan Blackstock to make PG&E a
counter offer.
Mr. Blackstock stated they are going to make an oFfer to PG&E as they
need to get something going one way or the other or file a law suit because of the
statute of limitations far filing a law suit.
APPROVED A MOTEON OF INTENT TO 1=UND 1979-80 NORTHERN CALIFORNIA
EMERGENCY MEDICAL CARE COUNCIL
~' ~~A request for funding from tTie Northern California Emergency Medical
Care Council was heard at this time.
Chairman Lemke stated a letter from Scott Ambulance, Inc. under communications
on the agenda today was writing asking the Board to reconsider their position of defunding
this unit.
1, Mr. Bill Casey, executive director at Community Hospital in Chico.
Mr. Casey stated the Board on September 25, 1979 had made a budget consideration
and at that time cut out the Medical Care Council funding. Mr. Casey stated
on October 18 the Council met with the cammittee of physicians, paramedics and
hospital personnel. The Council Health Officer is sending a letter to the Board,
he was representing Chico Community Hospita! and other agencies such as Medcom.
Jack Becker, Executive Direci•or of Northern California Emergency Care Medical
Council was present to answer any questions.
2. Jack Becker, Executive Direci•or of Northern California Emergency Care
Medical Council, Mr. Becker stated they represent nine northern counties and they
provide the best service, It is a communication system provided to help the paramedics
talk direci•ly with the hospitals or doctors in Chico or Redding for people who need
and require immediate emergency care, In 1977 they had 308 patients transferred to
hospitals, in 1978 there was 412 and in the first 8 months of 1979 there has been 293,
People pre continuing to utilize the service because there is a high concentration in
the Chico area of medical specialists capable of Healing with any problem, There are
135 physicians in Chico, Medcom covers all of Chico ambulances, They have daily
cases in Butte County where there is emergency care required that Medcom services.
Another service is that they have equipment that can be used, He felt this agency
was doing a vital job to the entire county. They need money to maintain the equipment
he would like to have the Board contribute $24,000, He felt that money seemed to he
an issue of the meeting here today, There was $140,000 worth of equipment for the
citizens of Butte County, One of their members is sitting on the Board and this county
has a direct impact on how the budget is developed He stated any money the Board
would contribute would be matched by state funds from the bill by Ray Johnson, All
of the cases he mentioned were emergency transfers from the field, The patients pay
the ambulance fees.
Chairman Lemke questioned if the failure of Butte County to fund the request
for 1979-80 would result in the removal of all the equipment that is in this county.
Mr. Becker stated there would be a meeting November 17 and he assumed
that would be an action they would be taking.
Chairman Lemke stated this equipment has already been paid for by taxes
and it is not outstanding. He felt 'tt sounded like a threat.
Page 355
November 13, 1979
November 13, 1979
79-
b
Mr. Becker stated the Northern Medical Care Counci! did not buy this
equipment with public faxes. If the equipment was removed it would go to another
county that requested additional equipment. A portion of the money for the equipment
was from county government money. Mr. Becker stated they have received checks
from seven of the counties and a promise from the eighth county. A small portion of
the money is from county government, for the first time this year they are receiving
funding from the United Way Agency. The county money is important because the
state money they receive is received only after they have put in the local match money.
They have to fund it then they are reimbursed. Mr. Becker stated that the Oroville,
Paradise and Gridley ambulance services use only the Medcom system as they have
abandoned the old system.
Supervisor Winston stated many times he has supported the Medical Emergency
service For several years and he continues to support them. He felt this Board should
fund this program this year. Mr. Becker agrees that the money is from federal sharing
money. He would like to fund this for the 1479-80 year. He could give no guarantee
of funding for next year.
Chairman Lemke stated possibly an assessment district should be started for
the program or be included with the formation of an ambulance district.
There was a motion by-Supervisor Winston, seconded by Supervisor Wheeler
to give notice of intention to fund the 1979-80 Butte County share of the Northern
California Medical Care Council from the unappropriated revenue sharing fund.
Chairman Lemke stated that within the last 15 minutes they have been faced
with $109,000 of additional costs over and above the regular budget that they were
screaming about when they passed it. He felt the hammer is going to come down and
they are going to get caught
Vote on the motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke
NOES: None
'1856
1857
1858
Motion carried.
APPOINTMENTS TO_DU_RHA_M__IRRI_G_ATI_O_N_DIS_T_RICT
~_~.---On a motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, the appointment to the Durham Irrigation Districr Director of
Division 2 was Willis R. Smith; and District Director of Division 3 was Martin J.
Zinniel.
APPOINTMENT OF NONGOVERNMENTAL YOUTH ORGANIZATION REPRESENTATIVE
TO CETA YOUTH COUNCIL
~~~On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
unanimously carried, the appointment of nongovernmental youth organization represent-
ative to CETA Youth Council was Lyle Phillips.
CONTINUED FOR ONE WEEK APPOINTMENT OF SENIOR CITIZEN TENANT REPRESENT-
ATIVE T_O BUTTE COUNTY HOUSING AUTHORITY
^Chif Mickelsort, administrative officer, stated there was a request for a
postponement of the appointment of Senior Citizen Tenant Representative to Suite County
Housing Authority for one week.
Page 356
November 13, 1979
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1861
1862
1863
1864
November 13, 1979
APPOINTMENT OF BOARD OF SUPERVISORS REPRESENTATIVE TO LOCAL AGENCY
FORMATION COMMI_SS[O_ N
~~~Supervisor Jane Dolan was appointment to be the Board of Supervisors
representative to Local Agency Formation Commission as Supervisor Winston's term
on the Commission expires in November 1979.
APPOINTMENTS TO_BUTTE COUNTY FAIR BOARD
~'On motion of Supervisor r Winston, seconded by Supervisor Wheeler and
unanimously carried, the appointment to the Butte County Fair Board for District 1
was Jean Minasian and District 2, Nadine Gillum as office of directors.
Supervisor Moseley requested that the appointment to District 4 represent-
ative be held unril January 1, 1980.
Mike Pyeatt, assistant administrative officer, stated they will post the
vacancy to be effective January 1, 1980.
APPOIN_ T_MENT TO PERSONNEL APPEALS COMMISSION
On motion of Supervisor Wheeler, seconded~y Supervisor Dolan and
unanimously carried, the appointment of Neil McCabe as the management representative
to the Personnel Appeals Commission; and Jack Mcl<illop he appointed as the alternate.
COMMUNICATIONS
~hert J, and ,4nn Powers, Oroville. Mr, and Mrs. Powers write in oppasitian to the
proposed John Klocker abandonment in Thermalito which is set for public
hearing on November 20, 1979 at 10;00 a.m. Information; no action taken.
Scott Ambulance, Inc, The firm writes asking that the Board reconsider fiheir position
• of defunding the Northern CaliFornia Emergency Medical Care Council.
Taken care of earlier in the meeting.
California Commission on Agriculture. The Commission writes forwarding its resolution
indicating that the Sacramento River has been adequately studied and that
support should be given to Corps of Engineers projects designed to stabilize
and protect the levees on the river and tributaries. Information; no action takeno
State Board of Forestry. The Board of Forestry forwards proposed changes to regulations
which will affect the actions of boards of supervisors in rezoning of timber-
land preserve zone lands. Information; no action taken,
USDA Forest Service, The Forest Service forwards its notice of intent to prepare an
• environmental impaci• statement for the Forest Plan of the Plumas National
Forest. Information; no action taken,
ADDITIONAL COMMUNICATIONS
____ ~ Chairman Lemke staged 't~iey have a communication from the Office of
Emergency Services Governmental Council and to become effective one minute after
midnigh# on November 19, Monday, there is an odd-even program to begin for the
rationing of gasoline. The move was cautionary.
WAIVED THE FIRST READING OF ORDINANCE FOR SUPERVISORIAL DISTRICT
REAPPORTIONMENT
~~~wW~The dis sign r ardin the Svpervisorial District reapportionment was
continued from earol~~ier in t~i~ meetgng.
Page 357
November 13, 1979
79-
3
November 13, 1979
Gerald Lively, deputy administrative officer, stated they were moving the
south boundary line of Rosedale 206 precin ;t,
Dan Blackstock, county counsel, stated Mr, Castleberry had not Dolled
back with the legal description modification to the ordinance,
There was a motion by Supervisor Winston, seconded by Supervisor Wheeler,
waiving the first reading of the ordinance for the redistricting of the Supervisorial
districi•~ providing that District 2 is included by area encompassed by precinct 2034,
2035 and 2036,
Mr. Blackstock stated dve to the lengthly legal description they had cut
and pasted on the ordinance and it was stilt i 1 pages long.
Supervisor Dolan stated people do not think the reapportionment' is really
happening, they think it will be after the 1980 census.
Mr. Blackstock stated that they are adding precinct 2034, 2035 and 2036
to District 2 and deleting them from District 4,
Vote on the motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke
NOES: None
Motion carried,
1865
CORRECTION TO MINUTES OF OCTOBER 23, 1979 RE: WALTER LAMBERT'S APPEAL
OF ADVISORY_A_GENCY DENIAL O_F TENTATIVE PARCEL MAP
____-~V' On motion of Supervisor Mosey, seconded Tay Supervisor Wheeler and
unanimously carried that the following correction be made to October 23, 1979 minui•es:
The Board approves the Walter Lambert's map on his appeal of the Advisory
Agency's denial of his tentative parcel map for AP 52-011-72 and subject to'he following
conditions
1. Verify right to use Edwards Lane,
2, Provide 20-ft, driveway to Parcel 1
3, Access to be reserved in deeds as per County Ordinance and offered for dedication
on i•he final map.
4, Show 50-ft. building setback line measured from centerline of access easement,
5, Provide road maintenance agreement.
6, Show al I easements of record on the final map,
7, Provide street name signs per requirements of the Department of Public Works
prior to recordation of the final map.
8, Provide permanent solution for drainage.
Page 358
November 13, 1979
79-
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November 13, 1979
9, Pay off any assessments.
10, Pay any delinquent taxes.
11, Meet the requirements of the Butte County Fire Department,
~,PPROVED CITY OF PARADISE'S REQUEST TO USE MAC OFFICES_TE_MPORARILY
~~- ~-On motion of Supervisor Moseley, seconded y Supervisor Wheeler and-
unanimously carried, Warren liumbert's request for City of Paradise to use the MAC
office temporarily anti! they become more organized was approved.
ADDITIONAL MATTERS
~- ~ C~iairman Lemke noted they had received a report of a stolen 1977 Ford
Courier pickup truck from the Lincoln Street parking lot which was being used by
the Assessor's Office. It was felt the truck would not be found as it was missing a
week before it was noticed.
RECESS; The Board recessed at 11:35 to hold a Building Committee meetings
RECONVENE: The Board reconvened at 12;07 p.m, after holding a Building Committee
meeting, The Committee decreed to proceed out to the new Admin-
istration building and if everything is in order the Building Committee
will accept it by complying with Administratio~i's punch list.
REQUEST FROM COUNTY COUNCIL
-There was a request from Dan Slackstock, county counsel, that an executive
session be set as he has 15 to 20 cores he needs to go over with the Board,
RECESS: The Board recessed at 12x0 p.m, to proceed to the n w dministrative
Building for a tour and inspection.
~_
C airman, Boar ar Supervisors ~~"-
ATTEST: CLARK A. NELSON, COUNTY
CLERK-RECORDER and ex-officio
e~C/~lerk o~f th/e Board of Supervisors
BY l~~*~ft- LG
Page 359
November 13, 1979