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HomeMy WebLinkAboutM121074December 10, 1974 BOARD OF SUPERVISORS COUNTY OF BUTTE SS. The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan. Clif Nickelson, Administrative gfficer, Dan Blackstock, County Counsel and Clark A, Nelson, County Clerk by Margie Catt, Board of Supervisors Clerk. Pledge of allegiance to the Flag of the United States of America. 7[h 1789 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the minutes of December 3, 1974 were approved as mailed, with Ehe change of name on Page 428, Item 74-1762 to Towne Industrial Tract. 74 170 COMMUk6ICAT.I0N5-. Ralph Vinyard, Berry Creek. Mr. Vinyard writes regarding problems with property in Bloomer Mountain District. Referred to Nr. Lawson with a request that he report back next week. Jean Drayer, Paradise. Ms. Drayer urges establishment of the Detoxification Center. Information. John L. Luvaas, Jr., Chico. Mr. Luvaas writes in support of the Worlc Training Center request for revenue sharing funds, and also the process for screening applications by the Revenue Sharing Committee. Discussed and referred to Mr. Nickelson for acknowledgment, and Board's views. McKernan, Lanam & Mace, Paradise. The Attorneys file appeal to Subdivision Committee's decision on November 25, 1974 to record notices of violation on parcels owned by Fir Knolls Corp., Paradise Pines Mobile Homes, EstaCes, Inc., Del Oro Water Co., Tnc., S & 0 Paradiae, Inc., S & O Investment Co., Inc. Set for hearing on January 14, 1975 at 2:00 p.m. Steel & Arostegui, Islip, Cooke & Guthrie. The Attorneys file amendment to ~ 0 ~, ZY claim of William andRuby Perkins. See motion following communications. Work Training Center forChe Handicapped, Inc., Chico. Don Nassie, president, board of direcCOrs of the Center, writes to enclose approximately 100 form letters signed by citizens endorsing the Center's request for revenue sharing funds. Referred to Mr. Nickelson for acknowledgment and setting out the Board`s views in the matter. City of Chico. The Chico Planning Commission informs the Board thaC they have reviewed the matter of the use permiC for a miniature golf course (James LaForce) and unanimously elected to support the Butte County Planning Commission's recommendation for denial. No action taken. City of Chico. Mayor Ringel extends an invitation to the Board of Supervisors and the County Planning Commission to attend all hearings on the preliminary general plan to be held before the City Planning Commission and City Council. Discussed; Mr. Nickelson will inform the Board members of the meeting dates. Yuba County Superintendent of Schools. The Superintendent files notification of action of the Stony Creek Joint Unified School District to annex to the Yuba Community College District. Information only. State Department of Youth Authority. TheDepartment forwards copy of its letter to Mr. ~~?issen, the chief probation officer, stating that they have found that viol~~tions previously noted at the Juvenily Hall have been remedied and that Butte County Juvenile Hall is now a suitable place for the confinement of minors. Discussed; no action taken. Page 440. December 10, 1974 ___--- __ ____-- W pegembgr=14,=1Q7~====_ __===_____ Business and Transportation Agency. The Agency writes regarding the appeal by City of Chico to the decision'::~f-the. BCAG for allocation of sales tax for transportation monies. They need further information regarding positions of the parties and request attendance at a meeting at the Business and Transportation Agency, Sacramento on Friday, December 13, 1974 at 10 a. m. Discussed; suggested that Chico might drop their appeal; County Counsel will follow through on matter. State Department of Water Resources. The Department forwards copy of the 1975 entitlement water delivery schedule. Information only. State Department of Transportation. The Department forwards copy of "Rules and Regulations --Rural Highway Public Transportation Demonstration Program" and notes that final date for submission of proposals is February 6, 1975. Mr. Castleberry will discuss this matter in Sacramento this afternoon and will report to the Board next week. Congressman Harold T. (Bizz) 3ohnson. Mr. Johnson writes regarding requests for informatioi. received by him as to when California counties would be receiving Fibreboard funds. Information only. M. Brooks Houghton. He files claim for refund of filing fee paid by Noel D. Highfill as candidate for office of Assessor. Mr. Blackstock stated that he had sent the Board members a copy of the Attorney General's opinion concerning this matter. Unless the filing fee was paid under protest, the funds should not be returned. He said it would be in order to reject all the claims for refunds that have been filed, in view of this opinion. A letter will be written to all the candidates that have filed claims for refunds. See motion following communications. John Gregory, Council Member-Butte County Manpower Council. Due to his new position with the University of Chico, he is resigning as a member of the Butte County Manpower Council. Discussed; see motion following the communications. Treasurer-Tax O>llector-County of Glenn and George Basye, Attorney at law, concerning the funds being held in payment of the assessments of Reclamation District #2106. See discussion following communications. Petition for varJEance to provisions of Sections 19-10 and/or 19-12 to place a mobile home on property in Thermalito. Filed by Robert E. Linn. Set for hearing on December 30, 1974 at 2:00 p.m. ~ Qo z~James E. Scott, attorney at Law. Claim for wrongful death-John Bert Hirtel. See motion following communications. Wilson Bruce. Claim against County for damages to his property from a large drain from the Skyway. Discussed and referred to Public Works with a request that they study the matter and report back to the Board next week. Copies of the claim also referred to County Counsel and to our insurance carriers. County Auditor. Audit of the Gridley-Biggs Cemetery District for the years 1972-73 and 1973-74. Filed. 74-1791 REJECT AMENDED CLAIM OF WILLIAM AND RUBY PERKINS On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the amended claim of William and Ruby Perkins, filed by Steel & Arostegui, Islip, Cooke & Guthrie, was rejected and referred to County Counsel. 74-1792 REJECT ALL CLAIMS FOR REFUND OF FILING FEES On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the claim of Noel D. Highfill and all other claims filed for refund of filing fees were rejected, as recommended by County Counsel, based on the Attorney General's opinion. 74-1793 ACCEPT RESIGNATION OF JOHN GREGORY COUNCIL MEMBER OF MANPOWER COUNCIL On motion of Supervisor La , seconde by Supervisor Gilman and Page 441. December l0, 1974 __ _______=_=-=l2egembgr=14,=1574=====---------- unanimously carried,-the_resignation of John Gregory as a member of the Butte County Manpower Council was accepted and the Administrative Officer was requested to write him a letter of appreciation for his services to the County. 74-1794 RESCIND USE OF WORD "IMPOUNDING OF FUNDS" REGARDING RECLAMA~'ION DISTRICT N0. 2106 & REQUEST USE OF OTHER PROVISIONS FOR HOLDING Fl;NDS UNTIL ATTORNEY GENERAL'S OPINION IS RECEIVED Dan Blackstock, County Counsel, commented on the communications from County of Glennand Mr. Basye's letter. Mr. Blackstock explained the matter of the assessments; he asked who was going to police these assessments. This is a complicated question because there are no court decisions or formal Attorney General's opinion. He explained impoundment procedures. The funds raised by the district are not raised at the same time and in the same manner as County taxes. He said that if the Board were to decide that they were going to withhold the funds, he would suggest that before they are committee to a course of action, they should contact the district and explain the matter to them. The funds are on deposit and are collecting interest. Supervisor Gilman said that because he has a conflict of interest, he does not want to enter into this discussion. The Board does have an obligation to the people in the County that they have collected these funds from. He left the room at this time. Bill Lawrence, County Auditor, said the State Controller is obligated to enforce these matters. He feels the question is whether it is legal for the County to impound the money. This is not tax money, it is an assessment. He feels that if action is to be taken, it should be taken in Gler$County. Impounding of the funds discussed. Mr. Blackstock said~~lae has discussed the matter with a deputy Attorney General. He told Mr. Blackstock that they are trying to see how the assessments were computed and when they have worked this out, they will present their opinion. Supervisor Ladd said he feels that the Board would be a little remiss to turn these funds over before the County has received the Attorney General's opinion. Mr. Blackstock said the thing that should be avoided is litigation in this matter. The cost of the law suit cruld cost more than the interest received from the funds being held. It was moved by Supervisor McKillop, seconded by Supervisor Ladd and carried, that the Board not use the word "impound" regarding the Funds of Reclamation District 2106 but that other provisions be used for the holding of the funds until receipt of Attorney General's opinion and that a letter go out to the people telling them that the funds are being held and are collecting interest and that County Counsel confer with Glenn County concerning the reasons why the County is holding the funds of the district. AYES: Supervisors Cameron, Ladd and McKillop NOES: Chairman Madigan ABSTAINING: Supervisor Gilman 74-1795 REJECT CLAIM FOR WRONGFUL DEATH: JOHN BERT HIRTEL On motion of Supervisor Gilmarea seconded by Supervisor McKillop and unanimously carried, the claim for wrongful death of John Bert Hirtel in the amount of $557,400.00 was rejected and referred to County Counsel, with copies going to the County's insurance carriers. RECESS: 10:05 RECONVENED: 10:12 Page 442. December 10, 1974 _________ ______DecemberlOs 1974WY______~_____ STUDENTS OF SENIOR CLASS OF DURHAM HIGH SCHOOL WELCOMED. 74-179b DISCUSSION OF CHICO UNIFIED SCHOOL DISTRICT'S FINANCIAL PROBI$MS AS THEY RELATE TO THE COUNTY &UP&RINTENDE3IT OF SCHOOLS Tom Evans, Supt. of Schools, went on record as protesting to the discussion by the Board of the Chico Unified School District's financial difficulties. He does not think the Board has the autharity to discuss this matter. Duane Powers reviewed the background of the Chico Unified School District's fiancial difficulties. He said the Superintendent of Schools office complied with the code sections relating to these matters. Budgeting procedures explained and how they are handled by the Superintendent of Schools office. They have 16 school districts and each one submits a budget. Mr. Powers explained why they handled the Chico School problem in the manner it was handled. Time spent discussing the budget and the problem of the School District. The Chico School District was informed of the problem about the first of September; it was caught by the Auditor. Since that time they have been going over the matter with the district. He said he could assure the Board that they will not let Chico falter; they help the districts to keep them from faltering. Supervisor Gilman said that the question in most of the Board's minds is at what point in the time the 5uperintendant of Schools know of this deficiency and did you comply with the Code about notifying the District. Were the appropriate people notified. Supervisor Gilman said he dial not think the appropriate people was the business manager of the district. He asked if the School Board had been notified. Mr. Powers said he knew that Mr. Reeves was having a problem with the funds. The District Auditor brought up the matter in September. He said that maybe the manager was not the proper person to notify. Perhaps they have learned quite a bit by this experience; they will have to look at the procedures closely. Matter discussed; no action taken. 74-1797 DISCUSSION: FINANCING OF A NEW FACILITY FOR TRAINABLE MENTALLY RETARDED CHILDREN Mr. Evans spoke on the matter of the school for trainable mentally retarded children. He set out the matter of the building of a school at Pleasant Valley School District; this was for the education of handicapped children. The Board had to set the tax rate to pay for one-half of the cost of the building of this school. The Board refused to set the tax rate at that time. George Kading, the county counsel at that time, said the Superintendent of Schools had not acted illegally; the Court ruled that the Superintendent of Schools had not acted illegally. Mr. Evans said that when the schools were built in Thermalito and-the second addition to the Marigold School, they worked with the districts. At Che present time, they are working with the Oroville Elementary School District for the present school. They are building this school at the Central School site. The architect is preparing the plans and they are submitting the application to the State. Costs for the new facility not known at this time. Matter discussed; no action taken. Page 443. December 10, 1974 _____ _-___-===~egembEr=1Q,=174______________ 74-1798 DISCUSSION: FISCAL INDEPENDENCE FOR SCHOOLS Supervisor Cameron said the whole discussion that has taken place this morning points out that there should be fiscal independence for the Superintendent of Schools office. It is the only way to go; it would make them answerable to the people. Fiscal .independence discussed. It was moved by Supervisor Cameron and seconded by Supervisor McKillop that the Superintendent of Schools be given fiscal independence and that County Counsel be directed to prepare a resolution that will set forth the items and various functions that will Sd transferred to the Superintendent of Schools. Supervisor Gilman set out his thoughts concerning this matter. On motion of Supervisor Gilman, seconded by Supervisor Ladd and carried the above motion was tabled at this time, because of a new Board member that will be taking office and should have the opportunity to vote on this matter. :1YES: Supervisors Gilman, Ladd and Chairman Madigan NOES: Supervisors Cameron and P4cKillop 74-1799 REPRESENT6~TIVE FROM STATE RECLAMATION BOARD APPEARED TO EXPLAIN PROPOSED REGULATIONS RE THE RECLAMATION BOARD'S REQUIREMENTS FOR APPLICATIONS WITHIN BUTTE BASIN Paul Flanagan, representative of the State `declamation Board, explained the proposed regulations regarding the Reclamation Board's requirements for applications within Butte Basin. He presented copies of the rules and regulations for control of encroachments in Butte Basin. Area involved explained. Ha requested that the Board adopt a resolution supporting the amended rules and regulations. Mr. Flanagan called the Board's attention to the area outlined in red. This area is not now leveed. There are levees along the west line of the river. People can £arm the land in area A; it would just be as always only a permit would be required. Area B is the area that is vital; this is the area that the water goes over the banks and channels are formed. It is important that it be regulated. Area F are areas that were dry during the 1970 flood. Any work done in this area would require a permit. Supervisor Gilman said he would like to see some of the department heads look at this critically before action is taken. Matter could be put over at this time so that Mr. Castleberry and his department could review the area and the requirements. Action on this matter put over to December 30, 1974. George Stamm said that maybe the Board would like to hold a public hearing on this as it will affect a lot of people. SupervisorMcKillop felt that Mr. Stamen's suggestion for a public hearing would be in order. Time spent discussing action that should be taken. Action put over to December 30, to give Public Works time to study the area and report back to the Board. 74-1800 REPORT ON TRANSFERRING OF TWO FLOOD PROTECTION SITES OVER TO BUTTE COUNTY George Stamm reported on the transferring of two flood protection sites over to Butte: County for maintenance. Mr. Madigan and Mr. Stamm Page 444. December 10, 1974 December_L0,_1974 attended a meeting in Redding when these sites were transferred officially over to the County. At that hearing, there were conditions attached to the transfer. Additional work would be done at the sites. Additional work to be done at the sites discussed. Site 194 discussed; this is the washed aut area. Mr. Stamm said that he would suggest that before the County answer the State, the County should wait for the official letter. Mr. Blackstock asked if the County could write back without creating problems. He explained his thinking 2bout writing to the Reclamation Board. Mr. Stamm said it would be all right to write the type letter suggested by Mr. Blackstock. Mr. Stamm stated that at the Los Angeles meeting, the State Reclamation Board accepted two other sites and they then in turn turned them back to the County. Mr. Stamm will draft the letter for Mr. Blackstock's review. 74-1801 APPEARANCE OP DR. WILLIAM HAZELTINE: RECLAMATION DISTRICT N0. 2106 i Dr. Hazeltine, Manager of Butte County Mosquito Abatement District, requested the Board to have County Counsel contact the State Reclamation District and have them file an Environmental Impact Report for Reclamation District 2106. It was stated that the Environmental Impact Reports would be requested as the work is done in the district. A report would be prepared before the work is started. The request of the State Department •f Health is that they provide an Environmental Impact Report. Dr. Hazeltine gave the Board members copies of his presentation. George Stamm, Water Resources engineer, stated that the Reclamation Board was approving the assessment procedures. Supervisor Gilman asked if Mr. Stamm could be authorized to secure a copy of the minutes of the meeting he14 in Redding. Chairman Madigan authorized Mr. Stamm to secure a copy of the said minutes. 74-1802 llISCUSSION: REMOVAL OF ABANDONED VEHICLES Lt. Bill Sanders, Commander of the Oroviile Highway Patrol unit, introduced Sgt. Sleigh, who is managing the plan for the rer.!oval of abandoned vehicles. He explained the abandoned vehicle program. The Department was given the responsibility of administering this program. They have the trust fund for administering the program. They have offered the funding and the services of the Highway Patrol if the cities and counties do not want to administer the program. They cannot offer the personnel to remove the vehicles for the county. The monies in the fund are adequate to provide fox1the removal of the abandoned vehicles. Procedure to the county set out; an agreement must be negotiated with the counties. Supervisor McKillop suggested that Public Works Director meet with Lt. Sanders and work up the program. Public Works will work on this matter and the County will contact the Highway Patrol when it has been discussed. further nth public works. 74-1803 APPEARANCE: BILL HANSEL FURTHER DISCUSSION ON REQUEST FOR INTERIM ZONING IN EASTERN PART OF OROVILLE AREA Bi11 Hansell, Skyline Blvd., Oroville, requested discussion concerning his request for interim zoning of area east of Oroville. He had a petition signed by people in the area containing the signature of 44 of the Landowners involved. This would be zoning from A-$ to S-2. Page 445. December 10, 1974 December ZO,, 1474 Supervisor Ladd explained his reason for relunctance to go.~nto the interim zoning. He felt they should go ahead with the study for permanent zoning. He said he would like to discuss the matter with Mr. Lawson concerning how the matter could be set for public hearings. Matter to be discussed with Mr. Lawson. Clerk to call Mr. Hansell when the matter has been discussed. 74-1804 APPEARANCE: CLAUDE WILLIS Claude Willis requested County Counsel to put in writing his advice to the question raised by the man with a problem concerning zoning. Mr. Biackstock said he would help Mr. Willis and will mail him a copy of his statement concerning the matter of zoning. RECESS: 12:15 RECOt01ENED: 2 : 00 74-1805 PUBLIG HEARING: INTENTION TO ABANDON PUBLIC UTILITY EASEMENT: FIRLAND ACRES PARADISE: ADOPT RESOLUTION 74-155 OF ABANDONMENT The public hearing on the intention to abandon a public uti'_3ty easement at Firland Acres, Paradise was held as advertised. Jim Lawson, Planning Director, explained the area that is to be abandoned. Hearing opened to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Mr, Lawson explained that there had been no input to the Planning Comar3.ssion regarding this. He believes this was done as a precautionary measure on the original map. On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the Board approved the abandonment of the public utility easement in Firland Acres in Paradise, adopted Resolution 74-155 of abandonment and authorized the Chairman to sign. 74-1805 PUBLIG HEARING: WILLIAM DAVIS PETITION FOR VARIANCE TO PLACE A MOBILE HOME ON PROPERTY AT THE INTERSECTION OF HIGHWAY 70 AND GONCOW ROAD OROVILLE The public hearing on the William Davis petition for a variance to place a mobile home on property at the intersection of Highway 70 and Concow Road, Oroville, was held as advertised. Howard Toussaint explained the petition. Hearing opened to the~puhlis.'' Appearing: William Davis, petitioner, explained that the mobile home will be approximately 1,000 feet from the road. The Board expressed concern about the trailer being too close to the road as this is a scenic highway. Mr, Davis assured them that it will be at the back of the property. Discussion o£ the zoning of this area and the possibility that the variance might need to be renewed. This is now in the TM-160 zoning. Mr. Davis stated he understood that he might have to renew this petition in a year. Hearing closed to the public and confined to the Board. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the Board approved the petition for variance for William Davis. Page 446. December 10, 1974 December 10, 1974 - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -- - - 74-1$07 PUBLIC HEARING: NORMAN STALKER PETITION FOR VARIANCE TO PLACE A MOBILE HOME ON PROPERTX AT 7:'1$ N. GRAVES AVENUE CHICO The public hearing for Norman Stalker's petition for a variance to place a mobile home on property at 738 N. Graves Ave., Chico was held as advertised. Howard Toussaint stated that this item had been listed under the wrong name. It should have been Floyd Ridenour and it is a renewal of a petition. He stated that someone from his department checks the property to see that the same conditions exist and that the petition should be renewed. Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to the Board. On motion of SupervisorGilman, seconded by Supervisor McKillop and unanimously carried, the Board renewed the variance for a mobile home on property at 738 N. Graves Avenue, Chico, for Floyd Ridenour. 74-180$ PUBLIC HEARING: CHARLES W. MUNCY APPEAL OF PLANNING COMMISSTON DETERMINATION THAT AN EIR WAS REQUIRED FOR AN APPLICATION FOR LAND DIVISION The public hearing on the Charles W. Muncy appeal of the Planning Commission's determination that an EiR was required for an application for land division was held as advertised. 33m Lawson explained that this is a two parcel division fronting on Gilstrap Ave., almost to an intersection, fn Gridley. This is an agricultural area. The Planning Commission vote was 5 to 4 in favor of the EIR. Hearing opened to the public. Appearing: Charles Muncy, Gridley. Mr. Muncy presented the Board with a map of his property. He does not feel that the EIR draft applies to this property. He stated he does not plan to change the use of the property from agriculture. Mr. Lawson explained that the Commission does not consider information of this type. They have certain criteria and judge solely on this. Hearing closed to the public and confined to the Board. Discussion of how often EIR's are required on lot splits on this type. Supervisor Ladd pointed out the closeness of the Planning Commission`s decision. He felt that similar divisions had not had the EIR required. Discussion of the division of this property. Mr. Muncy was not the owner of the property when the 1972 parcel map was approved however he signed the application since he was the land surveyor. Mr. Muncy bought this property from his father in 1973. Discussion of the Board's consistency in requiring EIR's held at this time. Supervisor McKillop expressed concern about a possible violation of the Subdivision Act. Time spent discussing how a certificate of compliance is approved. Mr. Muncy explained his reasons for wanting to divide his property. Supervisor Ladd stated he didn`t feel that splitting a I6-acre parcel into two parcels is significant and doesn't suspect that this will lead to further divisioning. Supervisor Ladd moved and SupervisorMcKillop seconded the motion to not support the finding that an EIR is required on this division. AYES: Supervisors Ladd a_nd McKillop NOES: Supervisors Gilman, Cameron and Chairman Madigan December 10, 1974 Page 447. ---------=====December=l0,=i974-==-=_-_ ______-___ MOTION FA~€T~'7. - roval of the final map Time spent discussing whether the app constitutes approval of the certificateof compliance. Jim Lawson will check with County Counsel and report back. Discussion of retention of interest in parcels and whether this would constitute a violation of the Subdivision Act. On motion of Supervisor Gilman, seconded by Supervisor Cameron and carried, the board denied the appeal and supported the decision of the Planning Commission to require an EIR. AXES: Supervi~'ors Gilman, Cameron and Chairman Madigan. NOES: Supervisors Ladd and McKiliop 74-1809 CLOSED HEARI'3G: C-E BUILDING PRODUCTS APPEAL OF DENIAL OF USE PERMIT ON PROPERTY LOCATED ON WEST SIDE OF ESPLANADE: CONTINUED TO DECEMBER I7 Chairman Madigan reported that the Clerk had received a call from the applicant requesting the continuation of this matter for one week. Matter continued to Aecember 17. 74-1810 AUTHORIZE REFUND OF $60 TO RAX FROSTROM RE VARIANCE/USE PERMIT AND ENVIRON- MENTAL REVIEW Jim Lawson explained that Mr. Frostrom had complied with several conditions to the use permit and it is recommended that the money be refunded. Substantial improvements have been made. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Board authorized refund of: $60 to Ray Frostrom. 74-1811 DISCUSSION OF LETTER FROM RALPH E. VINYARD OF BERRY CREEK Chairman Madigan asked Mr. Lawson if he knew anything about the letter from Ralph Vinyard of Serry Creek. Mr. Lawson did not. Mr. Lawson is to receive a copy of the letter. 74-1812 DENY USE PERMIT FOR .TAMES LA FORCE FOR A MINIATURE GOLF COURSE CHICO Supervisor Gilman questioned Mr. Lawson concerning the LaForce matter. Action regarding use permit discussed. On motion of 5upervisorGilman, seconded by Supervisor Cameron and unanimously carried, the Board denied the use permit on the James LaForce matter with the finding that the site of the proposed use is agricultural and should remain so and that the use would conflict with the General Plan. 74-1813 DISCUSSION: S-2 ZONING Mt. Lawson outlined the area proposed to be rezoned to S-2 on a map. This is approximately 850 acres and is presently zoned A-R. The peaple have requested interim zoning however Mr. Lawson feels interim zoning is an emergency measure and no such emergency exists to his knowledge. Discussion of meetings held. Mr. Lawson stated that staff has attended the meetings and the people have all the maps and information they need. Mr. Lawson is to write a letter informing the person of action he should take in this matter. 74-1814 DISCUSSION: ENVIRONMENTAL IMPACT GUIDELINE REVISIONS Mr. Lawson explained that there will be a meeting on the revision on December 17. He would like to atFend to voice an opinion regarding the changes. Supervisor..> Ladd requested that the Board be informed of the changes proposed so that they might also voice an opinion. Mr. Lawson will report back to the Board tomorrow, RECESS: 3:i5 RECONVENED: 3:25 Page 448. December 10, 1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _DE cemb ez 10~ 1924= _ _ _ - - _ _ _ _ _ _ _ _ _ 74-1815 DISCUSSION: HUMAN CRISIS INFORMATION AND REFERRAL SYSTEMS Clif Nickelson explained that their office has had several meetings with different departments concerning the need of an around the clock information and referral system. The county is not geared to handle matters except from 8 a.m, to 5 p.m. The department would like to get together and make a study to see if the need really exists and to see what can be done about it. Mr. Nickelson felt that the 91I telephone system, which will be in by 1982, might be able to.handle all the needs. Supervisor Gilman thought this service could be handled by the Bridge. Supervisor Cameron felt it was important to know if the people he referred to different offices actually got help or not. Discussion held. Supervisor Gilman thought this service was already being paid for and should be handled by the departments being paid. Clif Nickelson suggested that the Board might like to have a representative of the Bridge to explain exactly what type of things they handle. Supervisor McKillop requested that a run-down be prepared of the crisis offices that are being funded, without going into a large study. Supervisor Cameron stated that Mr. Sylva from the Senior Services was present and could speak to the Board on the subject. The Board felt there was no need for this at this time. Administration will follow through on Supervisor McKillop's request and will report back to the Board. 74-1816 APPROVE COMMUNITY ACTION AGENCY GOVERNING BOARD TTEMS On motion of Supervisor Gilman, seconded by Supervisor Cameron and unananimously carried, the following action was approved: 1. Approved contract with Sara Allen for workshops and counseling sessions, total $200 (Head Start) and the Chairman was authorized to sign. Director. 2. Authorized hiring of secretary at the second step fcr the Executive 3. Authorized issuance of warrants in amount of $1,835 and $125 in settlement of HEW audit. 4. Authorized amendment transferring funds in the amount of $2,500 from PA22 to PA 23. 74-1817 AUTHORIZE RAISING OF RATES ON FILING FEES FOR THE LAW LIBRARY TRUSTEES Supervisor Ladd requested a list of the periodicals ordered; he feels there might be some duplication. Matter discussed. Supervisor Madigan stated he would get a list of the periodicals for Supervisor Ladd. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the Board authorized the raise in rates on filing fees as requested by the Law Library Trustees. 74-1818 MANPOWER ADMINISTRATION: APPROVED THE OJT SUB-AGREEMENT WITH EDD Jim Raakerby explained the OJT sub-agreement with EDD. The EDD will handle the placement of 17 positions within the private sector. This contract has been approved by County Counsel. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Board approved the O.TT.sub-agreement with EDD and authorized the Chairman to sign. Page 449. December 10, 1974 74-1819 DISCUSSION: CETA TITLE II AND PEP SECTION 5 OVERTIME POLICY: AUTHORIZE CETA FUNDING FOR~.~?VERTIME ON A LIMITED BASIS Mr. Rackerby explained that they are beginning to experience under CETA funded jobs requests for authorization for overtime and they need a polic}* decision as tc~hether they are going to permit limited overtime. If the overtime is so much that new jobs are created, overtime is not suggested. S-•rervisor Ladd stated that the overtime should be permitted but that theBoard should know what it's for and how much. He recommended that department heads be prepared to justify the overtime or be prepared to have a restriction placed on the overtime. Discussion held on this matter. Mr. Rackerby stated that they propose, if the Boar d allows CETA funding for overtime, that the department heads submit reports as to overtime being used. They will have a report beck by the first of the year analyzing the overtime usage to date and with comments as to whether it is excessive. As it is now, there is no way to show which departments are using the overtime with the Manpower people. Mr. Rackerby stated that they will have a format for Che Board by next week. On motion of Supervisor Cameron, seconded by SupervisorMcKillop and carried, the Board authorized use of CETA funding for overtime on a limited basis, with Personnel to submit a detailed overtime report regarding Manpower. AYES: Supervisors Cameron, Gilman, McKillop and Chairman Madigan NOES: Supervisor Ladd 74-1820 APPROVE FILING OF FY 7~ FRE-APPLICATIGN FOR FEDERAL MANPOWER FUNAS On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, theBoard approved the filing of the FY 75 pre-application for federal manpower funds and authorized the Chairman to sign. 74-1521 REINSTATEMENT OF Y~-RATED EMPLOYEE HELD OVER TO NEXT WEEK Clif Mickelson requested that the matter of the reinstatement of X-rated employee be held over to next week. 74-1822 WAIVE FIRST READING OF THE SALARY ORDINANCE AMENDMENT _Discussion was held of the request, by Public Works for Junioe Civil Engineer instead of the disposal site attendent. The Engineer is needed because there are reports required and this is not within the scope of the site attendent. Discussion of the wages of each position held. On motion of Supervisor McKillop, seconded by 5uperoisor Cameron and unanimously carried, the Board waived the first reading of the salary ordinance amendment. Discussion of the building inspector trainees held. Workload and the need for this position set out. Mr. McDonald explained that they would be the first to cut the employees if they were not needed, which they have done in the past. 74°1823 WOODEN ARMCHAIR IN D.A.'S OFFICE DECLARED SURPLUS PROPERTY On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Board declared the wooden armchair in the D.A.'s office surplus property and author±asd disposal by the Purchasing Officer. 74-1824 APPROVE RELOCATION OF RADIO REPEATER AND PURCHASE OF NEW EQUIPMENT The Soard expressed concern that there might be duplication between this sytem and the CCCJ system. Tom Struthers, Purchasing Agent, stated that there would be no duplication in the systems. This is simply the moving of an Page 450. December 10, 1974 ____=W =__=====llegember=14,=1Q7~_____________ existing transmitter. There is need to improve the communications within the county. Selection of sites and movability of '.he transmitters set out. If the transmitter should have to be moved, the only thing that would nave to be left behind is the cem~t pad that the transmitter is on. Mr. Struthers stated that there has been no study to see if the site is the best but it has been recommended as a far better site than the present location. On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, theBoard approved the moving of the transmitter at a cost of $3,576.44 from Burton's Communications and the purchase of 3 new transmitters at $2,500 apiece or $7,500, a total cost of $11,076.44. 74-1825 AUTHORIZE PURCHASE OF EQUZPMENT__FOR_H©SPITAL ItF~'tODELING On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the Board authorized the purchase of a variable percussion drill at approxic~ately $7?:...and an electro-pneumatic hammer drill at approximately $320, a total of approximately $393, with $253 to be transferred from Account 260 to Account 630 within the County Buildings budget. 74-1826 AUTHORIZE COMPLETION OF FENCING PRC!JECT AT GOLDEN FEATHER FAIR GRANDSTAND On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, theBoard .authortzed~~'completion of the grandstand safety fencing project by force account. 74-1827 APPROVE AGREEMENT WITH MEALS ON WHEELS FOR REVENUE SHARING FUNDS On mction of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Board approved the Meals on Wheels agreement implementing the allocation of revenue sharing funds for the maximum expenditure of $6,789, at $2.50 per meal. 74-1828 AGREEMENT WITH NAACP RE SICKEL CELL ANEMIA PROJECT: PUT OVER ONE WEEK Supervisor McKillop moved and it was seconded by Supervisor Cameron that the agreement with NAACP far the Sickel Cell Anemia Project be approved. Supervisor Ladd questioned the raise in cost for the laboratory screening test from last year. Matter discussed. The Board requested that Dr. Enloe be requested to appear before the Board next week concerning this matter. Motion tabled. 74-1829 REPORT: PARKING LOT FOR COUNTY EMPLOYEES: CONTINUED ONE WEEK Everett Bosworth, Assistant Administrative Officer, reported that the Oroville City Planning Commission had granted the County a conditional use permit. The County originally requested a variance but was informed that the use permit was what was needed. The use permit had the following conditions attached: 1. Must be used only by county employees. Posting of the lot would comply with this. 2. The small dirt portion of the lot must be paved. This would cost approximately $1,000. 3. Renewal after one year. The city would only grant this upon full compliance, bringing the lot up to city code. Page 451. December l0, 1974 December 10, 1974 The use permit has been obtained. The question remains as to whether the County wants to invest money in this for only a short time. The cost would be $960 to rent the lot for 6 months and $1000 to pave the area. Mr. Bosworth explained the things that would have to be done at the end of tihe year to bring the lot ffp to city standards, which included landscaping and access. Matter discussed. If the Iand where the annex is now was used, it would also have to be brought up to the city code. Mr. Bosworth stated that Bob Jones, BCEA manager, could not be present today and requested that this be put over one week. Matter held aver to December 17. 74•-1830 App ROVE BUDGET TRANSFERS: SHERIFF'S TRANSFER HELD OVER ONE WEEK Mr. Mickelson explained the budget transfers. Sheriff's transfer discussed. He is going to need much more money than budgeted for overtime. Supervisor Gilman expressed the opinion that civilians could be used in certain jobs at the Sheriff's Department, such as dispatcher, where uniformed employees are now used. He also stated that he felt the schools should get more involved in educatian regarding law enforcement. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the following budget transfers were approved; the Sheriff's trac2sfer held over one week, with the request that the Sheriff appear before the Board to discuss the trana£er: B-53 Development Commission-Board of Supervisors - $500 is transferred from the special departmental expense and $125 from rents and leases in the budget for total of $625 going to special departmental expense in the Board of Supervisors budget. B-~3 Hospital Records Section - $150 from office expense to maintenance of equipment 74-1831 REGION C NARCOTICS AND INTELLIGENCE TASK FORCE BUDGET PUT OVER ONE WEEK Mr. Mickelson explained that the Sheriff has supplied the Board with additional information that needs to be studied before a decision is made. Matter put over to Aecember 17, 1974. 74-1832 STATE PLAN FOR EMERGENCY MEDICAL SERVICES PUT OVER ONE WEEK Mr. Mickelson explained that this matter should be put over as his office had attached the wrong information for the Board. Matter put over to December I7. 74-1833 PUBLIC WORKS ITEMS APPROVED On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the Board approved the following: 1. Approved change order #3 in the increasing amount of $3,1.0+x.46 to Data Processing remodeling contract; authorized final payment on the project; Page 452. December 10, 1974 ---------====-December=10,=1974==_--_-_____ __ and authorized Purchasing to back charge the equipment supplier because of the late delivery of equipment in the amount of $1,837.06. 2. Approved the following agreements for sale for right of way acquisition, authorized Chairman to sign and authorized Auditor to issue warrants upon demand of County's escrow agent: P-Magalia 45471-74-1 Pete A. Nelms, et ux 0.038 ac. 492 No impr. Total $492 " " Robert C. Henker, et ux 0.134 ac. 402 No impr. Total 402 " " Robert C. Henker, et al 0.20 ac. 600 No Tmpr. Total 600 " " lYmra F. Chapman 0.021 ac. 75 No impr. Total 75 " " E. Rader, et ux 0.243 ac. 729 No impr. 729 Forbestown Road Ca Robinson Mill Rd. Robert W. Cermak, et ux 0.214 ac 260 (slide) Impr. 150 Total $410 3. Found that the reconstruction of Firland Drive, within Firland Acres Assessment District, be categorically exempt; found that the work will be within existing rights of ways. 4. Authorized the increase in hookup fees from $50 to $100 as z'equested by the Stirling City Sewer Advisory Committee. 5. Granted authorization to acquire generator for $745.90 for replacement of inoperable small generator at Public Works, and that funds be transferred from the balance left of Forbestown Road W.O. 1892. 6. Approved application to PUC authorizing construction of grade separation structure at Midway and SPRR and authorized the Chairman to sign. 7. Authorized release of bond guaranteeing improvements of Blakeslee Drive On motion of Supervisor MclCillop, seconded by Supervisor Cameron and unanimously carried, the Bcard pulled the Resolution designating Dept. of Public Works as enforcing agency-mobilehome regulations outside parks and resolution authorizing assignment of SB325 funds to City of Oroville, said matters to be placed back on the agenda for Tuesday, December 17, 1974. Supervisor Cameron stated that he would like to see more communications regarding Stirling City. He feels people are moving in that are not paying the_r fees. 74-1834 APPROVE TENTATTVE SNOWPLOWTNG POLICY Hours of snowplowing discussed. Supervisor Cameron suggested rearranging work days so that overtime would not be necessary. Mr. McDonald will check into this. On motion of Supervisor McRillop, seconded by Supervisor Cameron and carried, the Board adopted this as a tentative policy with the question of overtime being studied and see if an alternative method can be used, overtime to be kept to a minimum: (a) Plow main road only to second store at Butte Meadows and to lodge at Inskip from Stirling City; (b) No sanding on these two roads; Yage 453. December 10, 1974 December 10= 1974 (c) No overtime plowing except regular hours on Saturday, if necessary. (d) Roads may be closed for periods of time county equipment and crews cannot keep up with storms (e) Policy to be changed if funding becomes short. AYES: Supervisors Cameron, Ladd, McKillop and Chairman Madigan NOES: Supervisor Gilman 74-1835 ADOPT ORDINANCE 1531 AUTHORIZING REASSESSMENT OF PROPERTY DAMAGED OR DESTROYEB BY MISFORTUNE OR CALAMITY: & ADOPT ORDINANCE AMENDING ORDINANCE N0. 475 KNOWN AS THE BUTTE COUNTY ZONING ENABLING ORDINANCE On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the Board waived the second readings and adopted the following ordinances and authorized the Chairman to sign: Ordinance No. 1531 authorizing reassespmenk of pr~erty damaged .or destroyed by misfortune or calamity No. 1532 amending Ordinance No. 475 known as the County zoning enabling ordinance 74-1836 ADOPT RESOLUTION 74-153a AND ORDER OF BOARD OF SUPERVISORS FOR SALE OF BONDS FOR OROVILLF H^HOOL DISTRICT On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, Resolution 74-153a and order of Board of Supervisors regarding the issue of bond of Oroville School District was adopted. 74-1837 REPORT TO BOARD ON LETTER FROM DR. EBIN Pt'TL OVER ONE WEEK Dan Blackstock, County Counsel, requested that the report on letter from Dr. Ebin be put over one week to Tuesday, December 17, 1974. 74-1838 AUTHORIZE ACTION RE ESTED RE RECLAMATION DISTRICT NO 2054 Reclamation District No. 2054 discussed, On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the Board moved for the action requested- that the County levy and collect the maintenance taxes for the District on land lying within the County, commencing with the 1975/76 fiscal year pursuant to the Water Code. 74-1839 AUTHORIZE APSENDMENT TO MOTION ADOPTING RESOLUTION 74-153a SALE OF SCHOOL BONDS On moticn of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, theBoard authorized theChairman to sign official notice of sale of school district bonds (Oroville School District}, 74-1840 ADOPT RESOLUTION 74-156 , CALLING FOR ELECTION IN CSA 51 AND REQUESTING CONSOLIDATION OF THE ELECTION WITH SCHOOLS RESOLUTION 74 157 On motion of SupervisorGilman, seconded by Supervisor Cameron and unanimously carried, the following resolutions were adopted and theChairman was authorized to sign: Resolution No. 74156 calling and providing for a special election for the purpose of submitting to the qualified electors of the Area (County Service Area No. 51) regarding the establishment of a maximum tax rate No. 74 157 ordering and requesting consolidation of election 74-1841 APPROVE APPOINTMENT OF DAVE HOST~T_LER TO DURHAM MOSQUITO ABATEMENT DISTRICT On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Board appointed Dave Hosteler to the Durham Mosquito Abatement District fora term of two years, term expiring December 31, 197b. Page 454. December 10, 1974 December 10, 1974 74-1842 APPROVE APPOI.~IT~lENT.TO BUTTE GOUNTY FAIR BOARD On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, C, H, DuBorg, Rt. 1, Box 144a, Oroville, was appointed to the Butte County Fair Board for a term of three years. 74-1843 APPROVE APPOINTMENT TO THE TECHNICAL ADVISORX COt~II TTEE ON DRUGS On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, theBoard accepted the resignation of Marie Welch, with a Letter of appreciation to be sent; and appointed Marjorie Ames.to._si~ Technical Advisory Committee on Drugs. 74-1844 APPROVE APPOINTMENT TO BANGOR CEMETERY DISTRICT On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, theBoard appointed Cleo Russell to the Bangor Cemetery District Board for a term of four years. 7.4-1845 COUNTY COUNSEL TO REPORT ON MATTER CONCERNING BILL LAWRENCE The Bor_!'s~Q requested that County Counsel report back on a matter concerning Bill Lawrence, County Auditor, regarding the Oroville Cemetery District, 74-1846 DISCUSSION RE PUBLIC DEFENDERS CONTRACT On motion of Supervisor Cameron, seco ded by Supervisor Gilman and unanimously carried, the Board moved that the Public Defenders' contract be put on the agenda at the convenience of a Superior Court judge, who is requested to be present, 74-1847 MEDICAL CARE FOR ALIENS TO BE PLACED BACK ON AGENDA Supervisor McKillop requested that the medical care for aliens item be placed on the agenda for Becember 17, 1974..._ 74-1848 CHICO AREA PLANNING TO BE ON AGENDA, DECEMBER 17 Supervisor Gilman requested that theChico Area Planning matter be placed on the agenda for December 17, 1974 at 2:00 p,m. 74-1849 REPORT RE FOOD STAMPS Supervisor Cameron stated he had had a call regarding a meeting scheduled with the federal people on the issuance of food stamps, It appears that the situation has been resolved and there is no need to attend the meeting tomorrow. Apparently, the post office is going to handle the food stamps with a slight increase. This information will be sent to the Board in writing, 74-1850 MATTER PRESENTED BY SUPERVISOR GILMAN Supervisor Gilman stated he had a copy o a telegram sent to the Attorney General from Rich Watson expressing concern about the lack of opportunity to look at the standards for the Governor's Conference considered last week and SupervisorGilman would Tike to let him know that they were way ahead of him, There would be no adoption of those standards. RECESS: TheBoard recessed at 5:15 to reconvene on Wednesday, December 11, 1974 at 9:00 a.m,~ Page455. December 10, 1974