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HomeMy WebLinkAboutM011376January 13, 1476 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors .met at 9=00 a.m. pursuant to adjournment. Present; Supervisors Ladd, Madigan Mc~llop, Richter and Chairman Cameron. Clif Mickeison, Administrative Officer, Dan B~ackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Cart, Board of Supervisors Clerk. Pledge of allegiance to the flag of the United States of America. 76-45 APPROVAL OF MINUTES On motion of Supervisor ,add, seconded by Supervisor Madigan, and unanimously carried, the minutes of January 6 and 7, 1976 were approved ~ mailed, with the request by Supervisor Madigan that the Clerk type out a memo to the Board members in attach to their minutes, a resume of some of the statements made by the public appearing at the Sacramento Avenue Assessment District hearing in Chico. 76-46 COMMUNICATIONS Request or wit rawa rom proposed Resources Conservation District. Request for withdrawal has been received from Hubert S. and Edna Johnston, one parcel. Referred ro County Counsel . Thon•~as McCampbell, Attorney. Mr. McCarnpbell, on behalf of four solid waste collection wmpanies in China, requests delay in submitting information relative to increasing disposal site dump charges. Clay Castleberry, Director of Public Works, reported on this matter. Placed back an the agenda for Tuesday, February 24, 1476. Michael F. Vineyard, Magalia. Mr. vineyard writes concerning similarity of the street Magnolia Drive in Nagalia and asks that the street name be changed, Referred to Street Naming Committee in Paradise. Clif Nickelson will telephone them. Richvale Sanitary District. The District requests that Elmer Lindahl, James Warren and James Murray be reappointed to the Richvale Sanitary District Boarci of Directors far new four year terms to expire November 30, 197'4. See motion following communications. Marsh, Washington & Marsh. The Attorneys, on behalf of the Butte County Employees Association, write regarding the application of the County's health insurance dividend. See discussion following communications. Wells Fargo Bank. The Bank sends notification that they have agreed to loan Wynoka Homes, Inc, the sum of;163,490.32 for the purpose of Financing performance of the terms and conditions relative to Vista Meadows, Unit #2 Subdivision. lyy., Castleberry reported an the matter. No action needed at this time. Marsh, Washington & Marsh. The Attorneys file writ of mandate in the case Butte County Employees Association vs. Larry Gillick, et al., items of law enforcement safety equipment. Referred to County Counsel. tJorthem California Criminal Justice Training and Education System. Mr. Fred Allen, director, writes concerning a Crisis Intervention and Violence Prevention Tra'sner Training Grant application through CCCJ and asks that the Board adopt a resolution indicafing the County as the loco! governmental unit in support of the grant project. See discussion following communications. - Page 23. January 13,19 76 ~. ,^ ______________-_====.icnvgr~cl$~19Z~.===______~~~___~___ County of Mono. The County forwards its adopted resolution concerning the reduction in funding of Farmers Home Administration grant programs. Discussed; Board has taken action on this at a previous meeting. State Department of Transportation. The Department sends •rsotice of completion on the State freeway project on Routes 149 and 99, and Pentz Road interchange. Information only. Senator John Stull. Senator Stull forwards draft IegislaFion concerning payment of dues as a condition of employment with governmental entities. information only. Tobin, Jayce 8~ Greenleaf. Claim far Breach of Contract on behalf of A-CConstruction. See motion following communications. 76~i7 APPROVE APPOINTMENTS TO RICHVALE SANITARY DISTRICT n mot an o perv+sor , seco e y pernsor +Ilop and unmimously carried, the Boarcl approved the reappointment of Elmer Lindahl, James Warren and James Murray to the Richvaie Sanitary District Board of Directors for new four year terms to expire November 30, 1979. 7b-48 DISCUSSION: COUNTY'S HEALTH INSURANCE DIVIDEND im ac er y, rsonne rector, spa a concern ng t e request of Marsh, Washington & March, attorneys for Buffe County Employees Association, regarding the County`s health insurance dividend. He stated that there is no legal obligation on the County's part to share this dividend with the employees. The dividend is going to be used to offset the rote increase. Bob Jones, manager of the Butte County Empioyees Association, said the employees would like to share in the rebate of the dividend. Request discussed. Supervisor McKillop said that if the employees experience was good, then why the19% increase in rates. It was felt that the increase was due to the rising cost of medical services. It was moved by Supervisor Richter and seconded by Supervisor Cameron that the County employees be given credit in the health insurance rebate of the 10% they have paid on the premiums and that it be reflected in a lower charge in the share of the premium payment. AYES: Supervisors Cameron and Richter NOES: Supervisors .Lpdilfi,JC~eidigaia~&-;Mc[EilJpp. Motion failed. 76-49 APPROVE CRISIS INTERVENTION & VIOLENCE PREVENTION TRAINER TRAINING GRANT ADOPT RESOLUTION 76-7 tter rom re Allen, director, Northern California Criminal Justice Training and Education System, explained and discussed. Clif Nickelson, Administrative Officer, stated he had talked to Bob Thorn about this grant app (ication. Grant di:cussed. The matter of training the peace ofRcers discussed. Purpose of the course explained fully by Mr. Allen. Mr. Allen stated he had met with Ken Leach, District Attorney, and that office is supportive of this training application. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanirrously carried, the request of the Northern Califomid~riminal Justice Training and Education System Page 24. January i3, 197b i t C for approval to file a Crisis intervention and Violence Prevention Trainer Training Grant Application through CCCJ was approved and the Board indicated their support of the grant application. On motion of Supervisor McKillop, seconded by SupervisorRichter and unanimously carried, Resolution 76-7 indicating the County of Butte as the local governmental unit to support of the Crisis Intervention and Violence Prevention Trainer Training Grant application through CCCJ was adopted and the Chairman authorized to sign. 76-50 CLAIM ~FOR~BREACH OF CONTRACT ON BEHALF OF A-C CONTRIaCYION DENIED On mot ono Superv sor op, seco e y pervisor gan an unanimously carried, the claim for breach of contract on behalf of A-C Construction was denied on the grounds that it Is not timely filed, and referred to County Counsel and insurance carrier. 76-51 APPROVE CONTRACT WITH FAMILY SERVICE AS50CIATION & BUTTE COUNTY HEAD START PROGRAM On motion of Supervisor McIG(lop, seconded by Supervisor Richter and unanimously carried, the contract with Family Service Association and Butte County Head Start Program in the amount of X475, for the period January b, 1976 through May 28, 1976 for consultation and training of Flead Start staff wos approved and the Chairman authorized to sign. 76 52 APPROVE CONTRACT WITH MARY MOZZINI AND COMMUNITY ACTION AGENCY On motion o pervisor is ter, seco y perv sor igan an unan moos y carried, the wntract with Mary Mozzini to the amount of $126.40 for training to be conducted on January 10, (976 ro furnish Head Start information related to the use of perceptual motor skills was approved and. the Chairman authorized to sign. 76-53 AUTHORIZE PARTICIPATION OF CAA IN CALIFORNIACOUNCIL ONCRIMINAL JUSTICE GRANT PROPOSAL DEVELOPED FOR PRi:VENTION OF JUVENILE DELINQUENCY AND CHILD ABUSE Grant proposal developed for prevention of juvenile delinquency ancf child abuse discussed. Supervisor Richter questioned Pat Barry about the program and how the money was being used. Mr. Barry recommended that the representative froni~t4~s schools appear to explain the program. On, motion of Supervisor Richter, seconded by Supervisor MclCillop and unanimously carried,wtharization was given For participation of the Community Action Agency 3n a California Counci{ on Criminal Justice grant proposal developed for prevention of juvenile delinquency and child abuse and that the program will be evaluated at a later date by having Mr. Wm. Coven appear to explain the matter. 76-54 APPROVE COMMUNITY ACTION AGENCY PARTICIPATION IN BUTTE COUNTY MANPOWER PROGRAMS A contract has been prepared which will authorize agency participation in various Manpower programs. Mr. Barry explained this matter; it is a standard agreement with Manpower. On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, the Board approved the Community Action Agency participation fn Manpower Programs and authorized the Chairman to sign the contract with the Butte County Manpower Office. Page 25. January 13, 147b /~`, ~ .c..ov.ee~======e.x=1_ons~a'~~tL7L~iea~c=e..,.x~a~ee_o~ 76-55 RECONSIDERATION OF CHICO DAY CARE CENTER CONTRACT: CONTRACT APPROVED Reconsideration of the Chico Day Care Center contract was discussed at this time. Supervisor Richter stated the Board had asked him to come back with data concerning this operation. Jerry Lively, assistant for Supervisor Richter, compiled the Facts relating to this contract. Documentation received by Supervisor Richter was read and discussed. Two facilities were compared to obtain the facts that are being presented to the Board. Funds allocated to this facility set out and summarized. In compillr~g the figures, the costs per child per day amounted to $9.00 per day. This is based on the assumption that there are 24 children all day at the Center. Care at the private facility and thaF of the Center is comparable. Services offered by the Chico Day Care Center itemized. Supervisor Richter felt there are many violations nt the Chico Day Gore Center, such as open back yards, etc, Supervisor Richter said the only point he would make is that this money could be allocated to the other 62 facilities in the county and they could provide the needed instruments to give n better iob of day cpr~, Jerry Lively stated that thesurvey~ of rates for the private run facilities showed that the rates averaged X5.00 per day per child. Presentatives from Chico Day Care Center, Mrs. Andrea Herr and David Clamo reported on the operation of the Chico Doy Cara Center. A prepared statement was read by Mrs. Herr, Audit of the facility and the budget explained. Mr. Clarno summarized the costs for the operation of the Center. Mrs. Herr stated the Center was not closed during the Christmas vacation; handling of the children during that time explained. Harriett Weir, representing the Social Services Commission, spoke about the program and the funding of the facility. She said that nothing should be funded that could not be monitored. The funds for Child Care Center can be monirored. There are things in look for in child care services; what kind of activities are they providing; benefit from the activities being provided, etc. Mrs. Weir stated she would see that the Board members r eceived a copy of the study her commission had made of the Day Care Center. Dan Blacksrock, County Counsel, stated that the wntract would be amended to include the 30tlay cancellation clause. Monitoring procedures are already in the contract. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the contract with Chico Day Care Center was approved, Chairman authorized to sign, with the inclusion of the 3Dtiay cancellation clause, and witK the concurrence of the Chico Day Care Center of the 30•day cancellation clause, and with the monitoring procedures being included within the wntract. AYES: Supervisors Ladd, Madigan, MciCillop and Chairman Cameron NOES: Supervisor Richter RECESS: I[:05 RECONVENED: II:lS 76~ DISCUSSION: ODNCOW ROAD KNOW i'IAWING AND MAINTENANCE• NO ACTION TAKEN EeEill Earles, Concow, spoke conceraiag the County's policy of main- taining and plowiag Concave road. Ae read the letter from Mr. Castleberry he had received. tor. Earle explained that because of the sign that is posted by the county and because of the le~w aainteaance, the school bus will not come to his property. lir. Earles Eeels that th_e_County is receiving more taxes that they are receiving services.' "' ~ ,iaraucry t3, 1976 ~'`. __________________ ~~~°~'~E3~197G =____ _____________ Mr. Castleberry explained that he and Supervisor Ladd had looked at Chia and other similar roads last week, Mr. Castleberry explained that the County's policy is to not plow unpaved roads. Supervisor Ladd atated that he was considerably aurpriaed at the quality of the road; he doesn't feel that Concow road is very bad compared to many other roads in the County. Discussion of the condition of the road. Supervisor McKillop felt that the only solution is to apply an additional road tax. Mr. Castleberry explained that bad roads are a problem throughout the county cad that there are several areas now developing that are going to cause serious problems in the near future. Supervisor McKillop atated that the only solution is a road tax and that the mountain residents should form a district to handle the snow plowing. No action taken at this time. 7657 PUBLIC HEARING: ROUSING AND COMMUNITY DEVELOPMENT ACT OF 1976 FREAPPLICATION Mr. Ward Connerly explained that they had been hired Co prepare an application for a block grant that would be used tc end aubetandard housing. They took a look at what the County had done and didn't feel that the job that had been done was sufficient. Mr. Connerly stated Chat in their study, iC was decided that the area that needed the monies was the South Oroville area. Ms. Leslie Lambert explained the components of the application. The total request would be for $535,000 broken down as follows: $175,000 for residential rehabilitation; $60,000 for new structures; $200,000 for public works; $50,000 for clearance of vacant lots and for mini-parka; $25,000 for planning; $25,000 for administration of the programs. This would cover an 1S block area bounded by Lincoln St., D Street, Burlington and Greenville. Supervisor Richter explained that ha had covered the area in regards to the earthquake and he agrees that this area is very ankh in need of funds. Supervisor McKillop questioned about the amounC allowed for public works. Ms. Lambert stated that this would not do the whole job but this amount will do quite a bit. If a higher amount was requested, it vould stand more of a chance of being turned down. Chairman Cameron questioned about the priorities. Mr. Connerly explained thaC Cheir suggested order was: 1) rehabilitation loans and grants; 2) public works; 3) demolition, clearance and relocation; and 4) planning and administration. Mr. Connerly stated that a small amount was figured into each eatia-ate for administrative purposes. The Board was given a copy of the preapplication, which Mr. Connerly proposed for the Chairman's signature. Mr. Nickelson questioned Mr. Connerly as to why AIJD had changed their view on this section, It had been looked at before and not considered by HUD• Mr. Connerly felt this was due ko the "shotgun" type application and that HUD didn't feel that the County had coordinated the matter sufficiently. Mr. Connerly atated thaC they reco®end the $76,000 the county has already received be used for acquisition of land as proposed. He explained that it .is very important in the consideration of the new application to show that the County is utilising the grant already received. He explained some of the steps that should be taken as soon as possible. Hearing opened to the public. Appearing: no one. Rearing closed to the public and confined to the Board. Page 27._ ..--------,.__.. _. _._ .. January 13, 1976 . ~' ~. ~"~ 13S~C O'L' CCC CSC ~~~CCC9C~L"'~L"~Z7~C~~L"G.~~~=C~~~zSCS L'L^CC CL On eotion of Supervisor Richter, seconded by Supervisor McKiilop and unanimously carried, the preapplication as preaeated by Mr. Connerly was adopted. Supervisor McKillap requested that the agencies invoived work closely together on this matter. Supervisor itichter stated that he felt this~vaa an ezeelleat report. CHAIRMAN CAMERON RECOGNIZED FORMER SUPERVISOR ARLEY HOWSDEN AT THiS TIME. 76-58 AUTHORIZE LEASE AGREEMENT WITH AL GROVER RE COUNTY PROPERTY Negotiations have been made with Mr. Al Grover for leasingg the property for a eeven'gear period at the rate of $100 per year, paycble~nttnually. This is for county property et Skyway and Coutolenc Road. On motion of 5uperviaor Richter, seconded by Supervisor Madigan and unanimously carried, authorization was granted for preparation of a lease agreement with Al Grover, subject m approval of the Auditor and County Counsel. 7 - APPROVE TRAVEL RE EST FOR PUBLIC WORKS A request has been received to authorize Cley Castleberry and Hal McDonald to attend the University of California Transportation and Public Warks conference in Palo Alto, March 25 through March 2B at an estimated coat of $230. On motion of Supervisor Richter, seconded by Supervisor Madigan wad unanimously carried, the travel request involving overnfght travel for two persons was approved. 76-6fl AUTHORIZE DEMOLITION OF SURPLUS BUILDINGS AT COUNTX HOSPITAL SITE On motion of Supervisor Ladd, seconded by Supervisor Madigan and unanimously carried. two buildings and an incinerator on the old hospital grounds were declared surplus and demolition was authorized by County CETA work crews. 76^61 APPROVE BUDGET TRANSFERS On motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, the following budget tranfers were approved: _ __. T ~-0~'s Supplemental Manpower Pro¢rem - SPEDY. Transfers an $8,510.39 appropriation from extra help to professional end specialized services to cover the first quarter of A-67 charges for the summer program for economically disadvantaged youth. (SPEDY) A-87 charges were received after.SPEDY had ' closed down and adjustments are now necessary. 8-061 Economic Development Administrative Program (EDA) Industrial . Development Acbess Road. The purpose of this transfer is to establish a budget for the industrial development access road approved by your Board on March 15, 1975.-The established budgetary items era as follows: -- -- •---~l-- administration expsnse, $14,050; preliminary expense, X1,700; land site and rights of way, X16,200; architecture and engineering basic fee, $113,250; other architecture and engineering basic fee, X3,400; project inspection fees, $7,600; construction and project improvement, X170,000; and contingencies X21,600 for a total budget of 11238,000. This budget ie to be funded from unanticipated revenues ,. federal aid EBA, $142,$00; and local other (Louisiana -~--~ --_.. _ J`Psaific}~ X95,200. .. r._ Page 28; ..._._.._ _. __.... ._._. _... .. _._... .)anoary 13, 1976 • ~~~ ---, C.. ST.. C C.T-=~~.. SiC C.i O.. C.Z ~`'~•~. G~~c C CCC=S CC S S Std T.. ~. STwCS L- 76-62 INTERVI$W OF MR. WILLIAM MiZRIS FOR OROVILLE CEMETERY DISTRICT BOARD; NO ACTION TAKEN AT THIS T ME Mr. William Harris, P.O. Box 343, Palermo, stated that he works for Pacific Coast Producers of Oroville and that he is interested on serving on the district board. Supervisor NclCillop questioned Mr. Harris regarding hie knowledge of the district. Chairman Cameron explained that this is the first time the Board has conducted interviews in public. Thin is being done because of a change is the law. Mr. Harris was thanked for appearing before the Board. Supervisor McRillop stated he was very happy that people had come forward and volunteered £or the position; he feels this is s good trend. _~___„ ._. Discussion of applicants; matter put over at this time. 76-x63 ADOPT RESOIUTLON 76-8 RE SALE Op TA7[ DEEDED PROPERTY The Tax Collector presents notice of intention to sell tax deeded property on AP 05-017-15 (Located on East 7th Street between Orient and Olive, Chico). Minimum price is $69. Mr. Nickelson explained the property Lavolved. i~ On motion of Supervisor Richter, seconded by Supervisor McRillop sad I unanimously carried, Resolution 7fi-8, sale of Cax deeded property was adopted and the Chairman authorized to sign. Recess: 12:00 •- -' RECONVENED: I:00 p.m. All Board members present. 76-64 INFORMATION & DISCUSSION ITEMS C ay Caste rry, Director o Pu ie Works, reported on building permit valuations. 1972, $20,504.404;1973, $19,948,704;1974, $22,285,525;1975, ~27,5I8,172. This is based on $15.00 a square foot. For information only. Go of Engineers regulations re waters. Mr. Castleberry reported that the Corps of Engineers as een an quite an extension of their activities fo cover ail waters of the United States. It was suggested that the Boord should be thinking obout requesting their Congressmen to ask Congress to st udy this and make someserpe tout of the regulations. Supervisor Madigan said the initial announcement of these new regulations was made by Col. Rockwell and he was very apologetic and said he would issue ground rules County by County. These new regulations even refer^ to logging roads. The Colonel does not want this type program to go on. Supervisor Madigan felt that if it were to be taken to the leeialature in Congress, Congress would limit the scope of the regulations. `" Mr. Castleberry will prepore something regarding this matter for Board's consideration to send to Congress and CSAC. The letter will be ready by next Tuesday's meetintg. No action taken at this time. 76-65 REPORT OF BID & AWARD OF BID-NORTH DURHAM OVERHEAD PROJECT C ay Caste any reports on t ds ~reeew rte ort u am overhead project. They were pleased with the results of the bids. The bids were under the estimated amount set out for this project. Mr. Castle berry recommended that the bid:be awarded to Butte Creek Rock of r Page 29. January 13, 1976 ~~ ~ January 13 1976 __________________~~_=~ =1=====_~__==~~=s_~~~~__ Chive in the amount of ~554,7Q1.00. Supervisor Richter stated he represented the people in Durham. Their views should not be ignored. The people know that this fs a bad crossing and that it should 6e improved. They feel that there are other areas in the County That need these funds for projects other than this crossing. They also know that these funds cannot be used in other areas of the county; it is beyond the Boar+d's control. Supervisor Mc~llop said he felt this was a long-fierrn solution. Supervisor Ladd said it was a difficult decision for him to make. He has discussed the matter of liabilities with County Counsel; he has not been able to find anything to hang his hat on that would lessen liability in the event of an accident. It is a very unsafe crossing as indicated by the fact that the money has been made available for the work. On motion of Supervisor Madigan, seconded by Supervisor MclGllap and carried the bid for the North Durham overhead pro~ect.was awarded to Butte Creek Rock Company of Chico in the amount of ~554,70l.,conlract was approved and the Chairman authorTQesi in sign. AYES: Supervisors Ladd, Madigan, and McKillop NOES: Supervisor.. Richter and Chairman Cameron 76-66 APPROVE RENOMINATION & AUTHORIZATION TO REQUEST FUNDS FOR BAGGETT- MARYSVILLE GRADE SEPARATION PROJECT On motion o pervisor Ki op, seconded by Supervisor Richter and unanimously carried, renomination of Baggett-Marysville Road realignment project for construction on the PUC 1976-77priarity list~,wos.approvad and application to CALTRANS for project allocation authorized. 76-67 APPROVE AGREEMENTS FOR SALE, RIGHT OF WAY ACQUISITIO ~+++ ~~+o~ or ~upennsor rc~cnrer, seconaea by 5upeivtsor Mc~llop and carried, the following agreements for acle for right of way acquisition were approved, Chairman authorized to sign and Auditor authorized to issue warrants upon demand of County's escrow agent: .,P.ro~e~ct,. Name Acres Price doll Ave Ext C. Pott t ~ Im ro. Total - * y . , s e ux ~~0 ~ ~ 100 Warner St, Ext. M, Smi#h 0.555 #3,320 X6,680 X10,000 Oro-Quincy Hwy. H. A. Campbell et ux 0.501 ~ 600 -0- ~ 600 AYES: Supervisors .:Madigan;'MciCillvp; Righter and Chairman Cameron ABSTAINED: Supervisor Ladd ' 76-68 AUTHORIZE PURCHASE OF EQUIPMENT & MATERIALS & APPROVE BUDGET TRANSFER is requests aut or zation to purc ase t ow ng terns rom savings realized on purchase of trucks with the remaining savings to be transferred to the reserve. Re lacement paint and bead duns for county striper, $1,500; replace shop tools (,air wrench, 3-~ "drills; I sander; I air chisel, ~f;000; power hack saw $1,300; and portable radio base station, X400.} Request discussed. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the above equipment was authorized to be purchased, and materials, and the Auditor w as directed to prepare a budset transfer. page 30. ~ • January 13, 1976 .o°~=~-_=~~=-ooo.ea.lanuogtl~~9~Z~,==.c .__..--- 76-69 APPROVE AMENDMENT NO. 3 TO STATE WATER CONTRACT Bill Lawrence, County Auditor, reported on the amendment to State Water Contract. He recommended that the Board approve the execution of the amendment at this time. Amendment explained and discussed. Mr. Lawrence stated that there ore some extenuating circumstances set out in the letter to the Board; the matter will hove to be placed back on the agenda for further discussion. County Counsel r+ewmmended that the Board approve the amendment at this time. It would go Into effect on November 3, 1975. Regarding the letter mentioned by Mr. Lawrence, Mr. Blackstock and County Auditor will wrIte•fihe fetter and they will state that the County should not be paying For the water that they are not utiliang. On motion of Supervisor Ladd, seconded by Supervisor McKllop and unanimously carried, Amendment No. 3 to the State Water Contract was approved, the Chairman was authorized to sign, and that the letter be protested advising the State that they should not be crediting in the mann`e~ i-n which they anticipcted in the letter. 76-70 PROBATION SUBSIDY PROGRAM DISCUSSED anon su s y program iscusse Steve Musselman present to answer any questions that the Beard might have on the matter. Report was filed with the Board members by Mr. Musselman. Supervisor Richter said it seems to him that the crux of any criticism that might be levied against this system is that the Court might abuse it. If that criticism is not levied, it would make it easier for the taxpayer to fund this system. Report discussed. It was asked who establishes the cast food under probation subsidy program. Mr. Nickelson gave the background of this program. Supervisor Mal"Ilop stated that the Probation Officer would be coming in before the Board at budget time and maybe this should be discussed at that time. Mr. Nickelson said fihey were only requesting that one or two of the probation officers go under this subsidy program at this time and in that way the program could be studied closer. Supervisor Richter sold that in every report he has read, there Is greater success where the case load is down under 100. Matter of subsidy program discussed. Mr. Don Nissen, Chief Probation Officer, stated that the core food per probation officer is averaging about 60-70 per case worker. Success of rehabilitation is greater where the case load is smaller per core worker. The Federally funded CETA probation officers have brought the case load rate down. This program is to enrich the parole officers role in the probation department. Mr. Nissen stated that this program will cause more paperwork, He does not know where he will arcange the time M put this packet together. Mr. Nickelson stated he rwuld loan Mr. Musselman to the Probation Department to put the packet together. Mr. Nissen accepted the offer of Mr. Musselman to do this work. Supervisor Richter felt the Board should adopt a motion of intent to go info this program. ff was moved by Supervisor MciCFllop, seconded by Supervisor Richter anti unanimously carried that this program be monitored and that Mr. Musselman continue to talk with the consultant and that at budget time the Boarcl would consider the question of the probation subsidy program. Page 3l, January 13, 1976 ~"'' (~' __________________=~nrwaric.I~rl4ZG==T~~__---__________ 74-71 WAIVE FIRST READ#NG OF ORDINANCE, AMENDMENT TO ORDINANCE NO.475, SECT10hl I3 KNOWN AS THE BUTTE COUNTY ENABLING ORDINANCE Jim Lawson, Planning Director, explained the amendment to Ordinance No. 475, Section i3 known as the Butte County Enabling Ordinanas. This amendment was before the Board several months ago and it was referred back to the Planning Commission. Changes to the proposed amendment set out. This deals with the use permit procedures. Mr. Lawson explained the matter of complying with the eond'etions. Time spent discussing the amendment to the ordinance.. Mr. Lawson stated that his department wants the authority to administer use permits end he wants control of the people that are conducting planning business. It fs his feeling that enforcement of the use permit requirements lies with the inspector in planning. He does not feel that the authority should be delegated to.the building inspector. Chairman Cameron felt that on a trial bcriis, the Board should approve this request of the Planning Department. On motion of Supervisor Madigan, sewnded by Supervisor McKillop and unanimously carried, the fi,rst~read'eng of the ordinance amending Ordinance No. 475, Section 13 known as the Butte County Enabling Ordinance was waived. 76-72 WAIVE FIRST READING OF ORDINANCE, AMENDMENT TO ORDINANCE 1002 TO INCLUDE ZONING DEFINITIONS OF ?BUILDING AREA, " 'BUILDING SITE, " '1,OT AREA, " AND `i'ARCEL." --TGv •.-Lawson explained the ahonges that have been suggested in the amendment to Ordinance 1002 tv include zming definitions of 'building area ", 'building site, " 'lotarea, " and '}sarcel. " Definition of a parcel is the reasert it had been referred back to the Planning Department fur study. befinition read. This proposed ordinance clearly defines what :eonstituta3 a parcel. Definitions discussed. Supervisor Ladd said he had some concern, but that the Board could waive the first reading and get a legal interpretation of Section 3, regarding parcel size. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the first reading of the Ordnance amending Ordinance 1002 to include zoning definitions of "Building Area, " '&iilding Ste, " 'tat Area, "and "Parcel "was waived, with the request that County Counsel give a.legal interpretation of whether Section 3 and 4 are in conflict. 76-73 APPROVE APPOINTMENTS TO BUTTE COUNTY COMPREHENSIVE HEALTH PLANNING COUNCIL On mcst~on o Supervisor i op, seta y upervisor L an unanimous y carried, the following were appointed to fill vancancies on the Butte County Comprehensive Wealth Planning Council board for the terms ending December 1978¢ 4lrlliam Talbitzer, Consumer Bonnie Snow, R. N., Provider Doris Weinbaum, R. N., Provider 76-74 DISCUSSION: SECURITY SERVICES fOR PRIVATE ENTERPRESES Security services r private enterprises iscussed. Supervisor Richter stated he had Page 32. January 13, 1976 ~1 ~ ________~_____~_=~=Januar~l3~~976_====_~_._=__________ requested that this be placed on the agenda for discussion. He hoped the Boarcl would reconsider the ban of deputies in uniform providing security services. It was felt that anyone that has a uniform on and carries a gun should be required to have an arrest check. They should have some training in the use of firearms. - It was felt that the big problem stems from the liability issue, The merchants should have to pay for the cost for this liability, Mr. Lawrence, County Auditor, stated that the cost could be determined. • Appearing; Mr. Craig Wamer. He stated he works fnr one of the security firms. He stated that in the State of California no security guard can have a gun without security and gun training. They have M take a training course. Private security companies must be licensed by the State. They ore fir~yer~-printed and fihey are issued a card through the State which states that they pre licensed. These persons are screened thoroughly. AAr. Mickelsom will contact the State regarding these statements. Chairman Cameron said he does not feel that the taxpayers of the County want the Board to go into private enterprise. Supervisor Richter responded to the matter of liability of the deputies. It was moved by Supervisor Richter that the Board adopt a policy that if the liability costs are paid, the reserve deputies could work for private businesses in the County, wearing the uniform of the County. /vbtion died for lack of a second. No further action taken. RECESS: 3:00 for a short recess and then to go into an executive session. RECONVENED: The Board reconvened at 3;15 following an executive session. 76-75 AUDITOR AUTHORIZED TO TAKE CHARGE OF ACCOUNTS OF PARADISE CONSTABLE a nnan Cameron slat t at t executive session ea t wit a possr e c urge to be flied against the Paradise Constable and that the mattes is to be referred to the District Attorney for his study and investigation. Supervisor Richter requested that County Counsel prepare a memo on what constitutes a legal executive session. These sessions should be justified for the press. Bill Lawrence, County Auditor, asked if the matter of his report should be made public. Mr. Blackstock felt that it should not be made public. The report should be referred to the District Attorney for his investigation. On motion of Supervisor McKiliop, seconded by Supervisor Madigan and unanimowly carried, the County Auditor was aufhorit a to take charge of the accounts and audit of the Paradise Constable. 76-76 FEDERAL GOVERNMENT TO BE REQUESTED TO MAKE INVESTIGATION OF CONTRACT fOR THE PARADISE L18RARY BUILDING an ac stoc , unty ounce ,reported on the meeting with the contractor for the Paradise Library butldtng. Dan Cook, engineer of work, and the attorney for the contractor Page 33. • January 13, 1476 ~` ~; were also present at the meeting. They later had a meeting with Mr. Coffrell, U.S. Department of Labor, Sacramento. A letter hod been written about a problem of five individuals working on the job; this was rat an intentional thing on the part of Mr. Welborn to get around the prevailing wage rate. These people should be classed as employees and Mr. Welborn will file a retro-active report indicating that all five of these people are employees. As far as any payments to Mr. Welborn relative to additions! work, the County will withhold those pending his reports. Regarding the problem of the apprentice program, the County will be hearing from Mr. Cettrell as to whether or not the job is in error, relative t+o Labor Code that has ro do with apprentices on the job. The State investigator wants to do additional investigation an the matter. Supervisor Richter.said he was concerned of an action being brought for the County's failure of following the Bacon-Davis Act. He requested County Counsel's views on this matter. Mr. 8lackstock said they are conducting an investigation an the job site. Question of the two unlicensed contractors discussed. Chairman Cameron said this whole matter aggravates him very much. Mr. Welborn had assured the Board that he was aware of all the taws j he knew of the problems involved. It was moved by Supervisor Madigan, seconded by Supervisor Richter and unanimously carried that the Federal Government be requested to make an inForma) investigation of the contract for the Paradise Library building and the possibility of there being a violation of the contract, and That tf the investigation shows that the County must do such and such, then County Counsel will again bring the matter back fnr Board consideration; that it is the intent of the Boars! that if there is a violation of the law, then the Board will bring the building into compliance. Mr. Harry Marsh, attorney at law, representing the Building and Trade Council, said they would like to make their position clear. ~~?e~expressed the concern of those he represents. He hopes that the County can resolve the problems involved in this discussion. He requested that the Board take the appropriate action order the row. Bill Lawrence said the apparent violation of the labor code could sal) for the impounding of the funds. A progress payment is pending. part of the payment wss For materials only. The County could pay those amounts. Mr. Lawrence said the Board is compelled now to make a decision as to whether they should release the funds or not. Mr. Blackstock said this is for the payment of the beams; he felt the payment should be made t o him. The contractor should fully understand that unless he complies fully with the act, then the County is not going to make any mare progress payments to him. The violation of the employment code and labor code should be corrected. it was moved by Supervisor Madigan, seconded by Supervisor Richter and unanimously carried this investigation of this matter be referred to the pistrict Attorney and to County Counsel for them to follow through and see what the developments are regan3ing these violations. On nation of Supervisor MclQllop, seconded by Supervisor Madigan and unanimously Page 34. January 13, 1976 ~~ i~ carried, the Auditor was authorized to release the payment for materials only for the December progress payment. 76-77 APPROVE APPOINTMENT OF WALDO YATES ~-~141EMBER OF BOARD OF TRUSTEES, OROVILLE CEMETERY DISTRICT On motion o pervisor Killop, seconded by Supervisor Ladd and unanimously carried, Waldo Yates was appointed a member of the Board of Trustees, Oroville Cemetery District, to fill the unexpired term of Louis De Massa,;deceased. 76-7$ INFORMATIONAL ITEMS perwsor rgan asked if something had to be done today on the Assessor's problem. The Assessor wilt discuss the matter with Supervisor McKillop tomorrow and Supervisor McKillop will be given a copy of the memo involved. Pieced back an the agenda for Tuesday, January 20, 197b. Mr. Nickelson stated that the Grand Jury would like direction concerning the investigatian regarding the Narcotic Task Force. It was stated that the Bca rd wanted them in take an overall view of the task force sse of the funds and the supervision. Mr. Nickelson will inform the Grand Jury of fhe Board's views. Bill Lawrence, County Auditor, stated that they hwe made a temporary resolvement of the claim cut in Welfare. $102,000 of the claim cut is being released. Chairman Cameron made a report to :the Board about the Health Systems meeting held yesterday in Redding. The clause relating to appointments has been placed back into the by-laws. They noivcompiy with the wishes of~the County. ADJOURNMENT; There being rwthing further before the Board at this time, fhe meeting was adjourned at 4:05 p.m. to reconvene on Tuesday, January 20, 1976 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK a o Supe i rs C e Page 35. Janvaryl3, 1976