Loading...
HomeMy WebLinkAboutM032178~~_ March 21, 197$ STATE OF CALIFORNIA } } ',SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Presen#: Supervisors Madigan, Moseley, Richter and Chairman Winston. Clif Mickelson, /~iministrative Officer; Dan Blackstack, County Counsel, and Clark A, Nelson, County Clerk, t~jrMVlargie Catt, Asst. Clerk of the Board. Absent: Supervisor Lemke, due to illness. Pledge of Allegiance. to the Flag of the United States of America. Invocation by Supervisor Moseley. 78-528 APPROVAL OF MINUTES On motion of Supervisor Madigan seconded by Supervisor Richter and carried, the minutes of March 14, 1978 were approved as moiled, 78-_5Z9 COMMUNICATIONS E. C, Cunningham, Orovillee Mro Cunningham writes conceming recommended salary increases For county officials, Chairman Creston stated that the Board was not contemplating any increases in salaries at this time. KIXE Public Television, Redding. The Organization writes conceming a proposal for revenue sharing funds in the amount of $5,739. Referred to Revenue Sharing Committee for consideration. Jordan N, Peckham, attorney at law. The Attorney, on behalf of Everett Wilkey, submits a claim estimated at $50,000 as a result of an incident on December 8, 1977 north of Oroville. See motion following communications, California County Planning Commissioners Association, The Asociation writes forwarding a copy of their resolution conceming the problem of mobile homes in many parts of the state. Discussed; referred to Planning Commission for their consideration a Carroll W. High, Richvale., Mr. High forwards a position statement endorsed by 333 citizens conceming the utilization of phenoxy herbicides. Mro High present at this time to discuss this letter. He filed the original of the petition which contains 461 signatures, with 300 from Butte County. Supervisor Richter thanked Mr. High and these people for submitting their concerns over the use of these herbicides. Letter discussed; no action taken. Pau( and Evelyn Smoth. Appeal Advisory Agency's conditions on lot split in Estates Way, which is a cul-de-saco Set for hearing on April 4, 1978 at 10:15 a.m. 78-530 REJECT CLAIM OF EVE RE TT W[LKEY On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, the claim of Everett Wilkey, estimated at $50,000 as a result of an incident on December 8, 1977 north of Oroville was rejected and referred to ]nsurance Carrier. ~. Page 324. -------------- March21,~1978 ____-- 78-531 MATTERS PRESENTED BY BOARD MEMBERS: COMMUNICATION TO BE SENT RE HONORING OF B. ABBOTT GOLDBERG, FORMERCHIEF DEPUTY DIRECTOROF WATER RESOURCES PLAQUE BEING PLACED ON ENTERPRISE BRIDGE Supervisor Richter brought up the matter of the senior citizens nutritional programo tfe felt that Butte County should operate the program. Mr. Mickelson will look at the matter and have a meeting regarding the operation of the program. [t was recommended that Chairman Winston appoint a Board member to meet with the group... Supervisor Richter said the County would be better served by using facilities in the private. sectors and use the taxi service to get the people to the restaurant. He said he would like to see if this could be done. A room could be set aside in the restaurant so that the senior citizens could meet and visit while they are eating. Chairman Winston appointed Supervisor Richter as the Board's delegate at the meeting, Supervisor Moseley referred back to the meeting of March 7th, relating to the letter from the State Departmen# of Water Resources requesting the Board's comments about erecting a plaque on the bridge across the South Fork of the Feather River dedicating the bridge to B. Abbott Goldberg, former chief deputy director ofthe department. Supervisor Moseley stated that in the March 16th edition of the Oroville Mercury there vvas ansarfiiclele concerning Mr. Goldberg. After reading the article, she is against the placing of the plaque on the bridge, On motion. .of Supervisor Moseley, seconded by Supervisor Madigan and carried, a communication was directed to be sent to the Department of Water Resources, with a copy to go to Governor Brown, expressing the Board's displeasure of dedicating _ the Enterprise Bridge in .honor of B, Abbott Goldberg. Supervisor Madigan gave Clif Mickelson, Administrative Officer, a letter from NorCal, RECESS: 9:z~5 RECONVENED: 9:26 78-532 DISCUSSION OF ACTION TAKEN ON BURR OUTLAW REQUEST FOR VARIANCE Supervisor lvbseaey referred to the action taken last week on the Burr Outlaw request for aRetr6nce for o carport. She called. the fire warden and Public Works and they do not oppose the variance. Denial of the variance is causing a hardship to Mr. Outlaw, Dan Blackstock, County Counsel, stated that the Board took action last week on this matter and that action is final . He stated. that Mr. Outla3w~ould reapply for the variance. Supervisor Richter said he was voting the -way the law requires him to vote, He said he wished he could find relief within the statutes brit he could not find this relief. The law has to be obeyed,' Supervisor,Ricthter stated. Matter discussed; no action taken, 78-533 PUBLIC HEARING:-DON K. BALD WI N; ABANDONMENT OF AN ALLEY IN TOWN OF DAYTON, ADJOINS SOUTHERLY BOUNDARY OF BLOCK 17 & LIES BETWEEN WESTERL` LINE OF YOKUM STREET AND EASTERLY LINE OF GERKE STREET The pu is eating on the Don K. Ba dwin request fora andonment of an alley in the town of Dayton, adjoins southerly boundary of Block 17 and liesbetween westerly line.of Yokum Street and easterly IineaF Gerke Street was held as advertised. '' Page 325. March 21, 1978 ________________1vlarsFi21~L9Z8__===_-=________== Earl Nelson, Environmental Review Director, statedtthat this abandonment was categorically exempt-from an E.I.R. Abandonment discussed. Hearing opened to the public. Appearing: I, Mr. Leroy Cartwright, Daytono Mr. Cartwright requested that this alley not be abandonded; he is the owner of the property on the other side of the alley, The alley is used by Mr. Cartwright when he works on his acreage'. He had an orchard of 17 acres. 2, Don Badewin, representing Mr, and Mrs. Thompson, owners of the property next to the alley., Reason for requesting the abandonment set out. The Thompson's home overlaps the alley, The southerly line of Parcel 2 is in the alley, Dan Blackstock, County Counsel, suggested that it would be a good idea to continue the hearing one week and have Public Works give the Board a report on how this matter should be solved. The report should set out the whole situation, setting forth how many feet 'the house is into the alley itself. Pleating continued one week to enable Public Works to study the matter and bring back a recommendation to the Board. Mr. Cartwright said he had no objections to,having the Thompson's home in the present location but he again requested the Board not to abandon the alley, Hearing continued to March 28, 1978 at 9:30 a.m. 78-534 CONTINUED HEARING: HAROLD L. WELBORN, ABANDONMENT OF PUBLIC SERVIC EASEMENT, PARADISE PINES UNIT #4 The hearing on the Harold Lo Welbom request for abandonment of public service easement, Lot 282, Paradise held as continued from March 7, 1978. This was continued pending the investigation of Public Works as to the use of the easement for sewage in the future,. Nearing opened to the public. Appearing: I. Harold Welborn. Mr. Welborn stated that last November he cleared the path for this abandonment. Approval of the. abandonment was received from the utility companies.. Papers were all submitted to the County. Public Works had no objections to the abndonment. Ple talked to Mr. Hubbard and he had no further objections to this abandonment. Hearing closed to the public and confined to the Board, It was moved 6y Supervisor Richter pad seconded by Supervisor Moseley that the abandonment be,approved, subject to a fetter of support from the Paradise Pines Property-Owners Association, Motion discussed; withdrawn and new motion to be made Eater in the meeting after it is determined whether Public Works has a letter of support. Mac Parker returned to the room and reported that Public Works has the letter from Paradise Pines Property Association withdrawing their objections to the abandonment. On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, Resolution 78-55 of aband"o~a"r?ie~r~n+as adopted and the Chairman authorized to sign. ' March 21, 1978 ', Page 326. _______________March 21, 1978=====_____________ 78-~35 PUBLfC HEARING -WALLY HUTTON, DBA REDWOOD HEALTH CLUB-APPEAL OF CONDITION #4 OF NEGATIVE DECLARATION & USE PERMIT TO ALLOW A- HEALTHCLUB ONPROPERTY ZONED "A-2 LIMITED" LOCATED ON EAST SIDE OF PENTZ MAGALIA'HWY., PARADISE The pu is hearing on the Way Hutton, DBA Redwood Health Club, appeal of Condition #4 of negative declaration and use permit to allow a health club on property zoned "A-2 limited"located on the east side of Peritz Magalia Hwy., approxi- mately 650 feet south of Dean Road, identified as AP 50-22-125, Paradise was held as advertised, Earl Nelson, Envuronmental Review Directory explained what the conditions involved; there were three mitigating measures recommended. He stated that the negative declaration has to be adopted by this Board. Hearing on negative declaration opened to the public. Appearing: ',no one. Hearing closed to the public and confined to the Board , It was moved 6y Supervisor Moseley, seconded by Supervisor Madigan and carried, that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures, set out below have been added to the project, and the negative declaration was adopted: I. Shield lighting so as to not create glare which affects adjoining properties, 2. Facilities use restricted from 10 p.m, to 7 a.m. 3, Meet drainage requirements of the Butte County Department of Public Works, Supervisor Richter said he was concerned over the suggested mitigation measure No. 2, which'suggests use of solar energy systems for head~in~and cooling of buildings and swimming pool, The cost of solar energy is greater than that of regular energy. Chairman Winston asked if this was going to be standard to have the mitigation measure requiring solar energy. Matter discussed. Hearing on appeal of Condition No, 4 of the use permit held at this timed 4~paring opened'to the public. Appearing: I. Wally Hutton, applicanto Mr. Hutton felt that Condition #4 was not clear . He felt that the landscaping should be around the developed portion of the parcel. When the balance of the property is developed, then landscaping could be put in on that portion of the property, Hearing closed to the public and confined to the Boards Supervisor Richter suggested that this be sent back to the Board of Zoning Adjustment for their clarification of policy on landscaping. He also Pelf that the County should not tell the developer what to plant; landscaping should mean. vegetation at the choice of the owner. It should mean anything that could grow and be attractive, page 327. ', March 21, 1978 __________====MarcE~21 .197$__________________ On motion of Supervisor Richter,'seconded by Supervisor Moseley and carried, the appeal of Wally Hutton of Condition No. 4 was referred back to the Board of Zoning Adjustment for clarification as to their meaning of landscaping and the area to be landscaped; said matter to be considered at the next meeting of the Board of Zoning Adjustment, with a report back to the Board as soon as passible. AYES: 'Supervisors Madigan, lvbseley and Richter NOES: Chairman'Winston ~ ABSENT: Supervisor Lemke County Counsel stated this hearing would not have to be re-advertised if continued to a specific date and time. .Hearing continued to April 4, 1978 at 10:30 a.m. 78-536.PUBLIC HEARING: FRED M. HARYUNG-REVERSION TO ACREAGE ON AP 30-27-03 and 08, LOCATED IN UNINCORPORATED AREA OF BUTTE COUNTY, CONSISTING OF APPROX. 90 ACRES SOUTH OF HARLIN, EAST OF ISth STREET, THERMALITO The public hearing on the Fred M. Haryung request for reversion to acreage on AP 30-27-03 and 0$ located in the unincorporated area of Butte County, consisting of approximately 90 acres south of Harlin, east of 18th Street, Thermalito having lot lines of the South Thermalito Subdivision removed was held as advertised. 'Mac Parker, Public Works, said this should.be reverted to acreage. The right,of-ways have been abandonedo Hearing opened to the public. Appearing: I. BiIL Geddis, Oroville. He set out purpiose; of the request. Hearing closed to the public and confined to the Board. On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, the Fred M. Haryung reversion to acreage on AP 30--27-03 and 08 located in the unincorporated area of Butte County, consisting of approximately 90 acres south of Harlin, east of 18th Street, Thennalito having lot lines of the South Thermalito subdivision removed, was approved, with the finding that all the owners have consented to the conversion and it is in the public interest to approve the reversion to acreage.r;:~a~~~i:;ri~z~ RECESS: 10:25 RECONVENED: 10:32 78-537 DISCUSSION OF STAFF REORGANIZATION IN THE AUDITOR'S OFFICE Bill Lawrence, County Auditor, appeared to discuss the staff reorganization in the Auditor's Office; he stated he had received a copy of the letter from Dan Blackstock, County ,counsel , Mr, Lawrence responded to the comments made last week on his memo to Jim Johanson, A memo was presented to the Board members, Supervisor Richter responded to the first portion of the memo regarding the deputies doing things out side of their province, The last 3 paragraphs of the memo discussed; it was felt that they could in no way be construed as unfair political practices. Performance as deputy discussed. Supervisor Richter felt that Mro Lawrence could not evaluate Mr. Johranson's actions during the campaign ,y nor could Mr. Lawrence judge whether Mr. Johanson made false. statements during the campaign. Mr. Lawrence will evaluate whether or Page 328, ', March 21, 1978 _______________d~Igrglt2l,=197$==.-_____--_____--- not Mr. Johanson will be re-appointed to_the title of Assistant County Auditor. It was stated that .if Mr. Johanson does not say anything false or misleading, then Mro Lawrence would consider his re-appointment, Mro Lawrence said that the title of deputy auditor does not have any value. If. Mr, .Johanson does not have the title of deputy auditor, he cannot sign any documento Mr. Lawrence explained the interit. of his actions. He'said it was to the advantage of'both Mr, Johanson and himself thaf he took this action. Chairman Winston asked County Counsel for his views concerning Mr: Lawrence's memos. Mr. Blackstock. said that Mr, Lawrence was trying to clarify his intent of the handling of'the personnel problem, Mr. Lawrence will handle Mr. Johanson's duties until such time he is reappointed. Mr. Lawrence has confused civil rights act with fair political practices.. Mr, )3ackstock felt that Mr. Lawrence should clarify the fact that he does not intend to iriterfere with the conduct of the' campaign. It was felt that Mr. Lawrence shou~id present a note of clarification to settle this situation. Mr. Lawrence stated he would not re-write his memo, Supervisor Richter said he has listened carefully to what County Counsel has stated and he feels .that the 3rd; 4tl &;5th~~ar~~r~ipH~4iof ~lv1r:`Lawrence's memo should be retracted by Mr. Lawrence, This applies to the deputy position and that Mr, Johanson would be relieved of his duties,' Mr. Lawrence stated that there is no requirement that states that he has to delegate any of this authorityo He stated that if any improper comments are made by any of 'the supervisors about the upcoming election, he will then take action under the Fair Political Practices Act. Chairman Winston. commented on the memo of March 8th from Bill Lawrence,'which'had a copy of Mr, Lawrence's memo to Jim Johanson. There has been honest concern about the memos, Chairman Winston felt that the March 20th memo answered the questions that he had in mind. In alf fairness, Chairman Winston felt this was a matter of clarificationo. Supervisor Richter said he appreciated the Chairman's efforts to have Mro Lawrence re#ract his actions, but it is obvious that these efforts would not be heeded by Mro Lawrence. It was moved by Supervisor Richter and seconded by Supervisor Madigan that a resolution regarding the County Auditor's actions and conduct be adopted and the Chairman authorized to sign. AYES: Supervisors Madigan and Richter NOES: Supervisor Moseley and Chairman Winston ABSENT':- Supervisor Lemke . Motion fails. Mr. Blackstock explained the problem of the March 20th memo from Mr. Lawrence. lie talks in-terms of the Fair Political Practice Act. Mro Blackstock felt Mro Lawrence should have made a clear statement that he was not using his office to sway the campaign, As the matter stands`before the Board now, there is just a statement that fihere is no unfair political practices involved, hle felt that Mr, Lawrence should state that he did not mean what the Board felt he meant; and that he wilt cancel the three paragraphs that are in question, Page 329, ', March 21, 1978 ________~_____ March 21197$ -------------- Mr. Lawrence stated he had read County Counsel's memo in which he expresses his concern about.his memoso Mr. Blackstock states in the memo that the Board has no authority over Mr. Lawrence's control over his deputies, Chairman Winston again urges Mr. Lawrence to write a memo to clarify his intent in the memo of March $th. Supervisor Moseley stated that she voted "No" because the Board has not heard from Jim Johanson. No further action taken at-this time. 78-538 BID OPENING-SALE OF SURPLUS REAL PROPERTY LOCATED ~N SOUTHWEST CORNER OF EAST AND MARFPOSA AVENUES, CHICO (AP 48-22-42) Bid opening for',sale of surplus real property located on southevest comer of East and Mariposa Avenues, Chico, identified as AP 48-22-42,held at this time, Written bid is',received from Charles Ivl. Kester in the amount of $3,000, with a check in the amount of $300 attached, which represents ]0% of the purchase priced Bidding opened to the public. An oral bid in the amount of $3,250 received from Edith Hampton. Bidding closed at this time. Surplus real property sold to Mrs. Hampton for the purchase price. of $3,250. Mrs..Hal~ipton will meet with representatives of Administrative Office and sign -the necessary documentso Details of the sale will be worked out and presented for Board action later in the day, 78-539 APPEARANCE: DARRELL STEVE NS, ATTY. AT LAW, REPRESENTING TOM ROGERS CONSTRUCTION COMPANY, FOOTHILL-SUBDIVISION Darrel Stevens, Attorney at aw, representing the Tom Rogers Construction Company, developer of Foothill Subdivision, stated that the requirement for street . lights being installed within the subdiviscion is creating difficulties, They have deposited $22,~b0 with the County. All the work has been done on the conditions, with the exception of compliance with the request for street lighting, P.G. & E. has an exclusive franchise and they will not insfall the lights unless Mro Rogers deposits five years energy ',costs with P.G. & E. All the lots of the subdivision have now been soldo He filed a letter from the owners of the lots indicating that they do not wish street lights within the subdivision, nor do they want to#orm a service area. Mr. Steve~-s said Mr. Rogers is requesting at this time that the Board authorize release of the money held by the County, to be used for the installing of the lights. They are willing to work with the County to solve the problem. Dan Blackstock, County Counsel, suggested that the Board wait to hear from Public Works prior to taking action. Mac Parker, Public Works, stated he was familiar with the situation. Supervisor Richter questioned Mr. Parker about the deposit that Polio & E, is'requiring. P.G. & E, installs the poles and lights. This is paid for by the subdivider. Chairman Winston told ~Mr'~~t~e~ens that Public Works would reports:; Page 330, March 21, 1978 --------------- Ma~ch21~1978 ______-- to the Board next week and that this matter would be on next week's agenda at 10:00 a.m, 78-540 APPEARANCE: BURR OUTLAW, OROVILLE, RE VARIANCE FORCARPORT Burr Outlaw, 2447 Quincy Road, Oroville, presented a written statement conceiving his request for a variance for a carport. This request was denied at the Board meeting of e7~toccfi~ 14, 197$. Chairman Winston stated he wanted to clarify the point that Mr. Outlaw was not appearing as a re-hearing of the request for a variance, merely as a member of the public. Mr. Outlaw thanked the Chairman.for allowing him to speak at this. time. He set out his problem of the request for the variance. it was his feeling that the present law. should be amended to allow him to build his carport. Supervisor Moseley felt the .Board should allow this variance. Request discussed; no action taken. 78-541 WOODRIDGE ASSESSMENT DISTRICT: ADOPT RESOLUTIONS 78-56 thru 78-59 Several actions are necessary including i'adc~p~ion,~ of resolutions as follows: finding and determining that the public convenience and necessity require the construction of improvements and acquisitions to be made; directing fi#ing of amended engineer's report; approving amended engineer's report, ordering construction of improvements and acquisitions and confirming assessment; authorizing changes in the work to be made by the Director of Public Works; authorizing sale of bonds to Birr, Wilson & Co.l:, Inc.; awarding of contract to Kemen & Son; and authorizing execution of agreement with Del Oro. Water Company, with agreement attached. Dan $[ackstock, County Counsel, stated he had reviewed all the requests for action. We recommended adoption of the resolutions, with the requirement that a 10% contingence fund be filed. The actions are all in order with the exception of the awarding of the contract. The bonds should be sold and have the money in hand prior to the awarding of the contract. This action would be subject to the submission of a letter of credit in the amount of the 10% of the cost of the district.kj On motion of Supervisor Richter, seconded 6y Supervisor Moseley and carried, the following action was taken, subject fo the filing of an irrevocable letter of credit in the amount of 10% of the costs of the project: I. Adopted -Resolution 78-56 finding and determing that the public convenience and necessity require the construction of improvements and acquisitions to be made, 2a Filed consent and waiver of property owner to increased assessments. (as a result of the construction bid in excess of the Engineer's estimate). 3. Filed Certificate of Title. 4. Filed Certificate of value of appraiser, 5. Adopted Resolution 78-57 directing filing of Amended Engineer's Report. Page 331, ', Mardi 21, 1978 ----------------March 21 1978 _.~~____-__ 6. Filed amended Engineer's report, 7o Adopted Resolution 78-58 and order approving amended Engineer's report, ordering construction of improvements and acquisitions and confirming assessmenfo 8. Adopted Resolution 78-59 authorizing changes in the work to be made by fhe Director of Public Works. 9o Filed letter of commitment from Birr, Wilson & Co., lnc, 10. Adopted- Resolution 78-59.(a}authorizing sale of Bonds to Birr, Wilson & Co,, lnc. , Il, Resolution of award of contract, to Kemen & Son not adapted. 12. Adopted Resolution 78-59(b) authorizing execution of agreement with Del Oro Water Co., with agreement attached and authorized Chairman to sign said agreement. ', 78-542 ADOPT RESOLUTIONS 78-60 and 78-61, INCREASING CETAC MEMBERSHIP AND INCREASING MEMBERSHIP OF YOUTH COUNCIL The County Employment and Training Advisory Council recommends expansion of the Council from ten to eleven members to `include the Welfare Director as a designated position. This addition will increase the Youth Council from 14 to 15 members. CETAC representatives present to speak on this .issue. Joe Miguel spoke on a couple of areas of concern. He said he realized that the Council members. serve at the Board's pleasure. They feel that it is their duty to point out areas that they feel will be a problem. The Council is concerned with the Board.'s appointment of Welfare Director on this Council. They feel that the Board members should be'' a part of the client sector. The Council recommends that the Board reconsider the. Welfare Director as an additional member to the Council, but not as a client representative. Mra Glenn Halsey, Worthy Ave.,-Oroville, passed out information to the Board members.. Present at this meeting as a concerned representative. He is not in favor of the expansion of the council. Mr, Halsey stated that because he worked for the Human Development Department he could not be on the council. It was his feeling that if'it is wrong for ihirnit~Zi>:eronCtikec~uncil, then it is wrong for the Welfare Director to serve on this. council. He recommended that the Welfare Director work with the prime sponsors. Mario G. Obledo, Secretary-Health and Welfare Agency, sketter~ discussed. Mr. Obledo recommends that the Welfare Directors-work with Prime Sponsors, 3. Mr. Gene Barkley, representing the Veterans representation on CETAC, set out his views on the appointment of representatives on the council. Supervisor Lemke and another department head is on the council and he felt that another department head should not be on the council, Mr. Rackerby,said that the action of the Council was to recommend that the Page 332. March 21, 1978 W____________ March21~1978 __ council be expanded by one member. On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, the following resolutions were adopted and Chairman authorized to sign, and that the additional member be opened to the client sector: Resolution 78-60, amending resolution establishing the County Employment and Training Advisory Council, increasing membership from ten to eleven members including the Welfare Director. Resolution 78-61, amended resolution establishing CETA Youth Council to increase the Youth Council to 15 members, 78-543 DISCUSSION: COMMUNITY BASED ORGANIZATIONS PROJECTS CETAC recommends the Board to reconsider the CETA Tit e VI project priorities to permit higher priority ~1evels for funding community based organizations project proposals. Joe Miguel, representative from CETAC, spoke on the matter, He said he was conveying the thoughts of the Council. They would like to recommend that the Board reconsider the oti?der of priority of Title VI funds. Recommendation explained,. .They do not feel the County is meeting the intent of CETA relating to funding to community based organizations. Supervisor Richter asked what statute indicates that-the County might be in violation, Section 9941. Prime Sponsors should give consideration to Community based organizations. Mrs. Lynn Stultz, Department of Labor, San Francisco, stated that the Prime Sponsors should give consideration to providing funds to community based organizations. One-third of the funds should be considered for these organizations. Mr. Rackerby read the law on this subject; seems to him that the policy is in direct .opposition to the law, Consideration should be given to the allocation of the funds. The Board has agreed to conform to the regulations; regulations have the weight of the law. The Board felt that an attempt should be made to find someway to determine if the County is obligated to go one way or the other.- Chairman Winston said the Board was trying to get honest information. He said that he too gets confused by the regulations and the policy, The policy is more restrictive than the regulations. The County has to comply with the regulations. The regulations do not tell the County who they should fund. The Board requested that Mr. Rnckerby make a thorough investigation of this matter and report back to the Board. Mr. Rackerby explained the actions taken by the Board; they permit him to deviate from fhe policy and fund certain agencies. Non-profit organizations are funded 14% of the funds. Supervisor Richter felt that an effort should be made to clarify these ega~estionso A meeting should be set up with Department of Labor, with our Congressman, County Counsel, Mr. Rackerby and representatives of this Board. Chairman Winston appointed Supervisors Lemke and Richter to meet with this group. Mr, Rackerby will set u the meeting. Page 3p33. March 21, 197$ -------------- March21~1978 __-_--_.~___-___-_ Mrs. Fran Wagstaff, member of CHIP,. stated she was interested in this issue. They would like to rehabilitate houses for low income people, These would be for people not on Welfare program. They are seeking Title Vl funds. Last year they received a CETA grant from the Governor's Office so they could employ people 'to work on these houses. Mrs. Wagstaff explained the projects they were working on; these are homes of people living on Social Security or low incomes. She commented on the fact that they will be excluded from Title VI funds, because they are receiving funding from the City Revenue Sharing funds. The social needs that they meet should be considered, she felt. Chairman Winston told Mro Rackerby that he has the feeling of the Board; community based organizations should be considered on a unit by unit basis. RECESS: 12:32 RECONVENED: 1:40 p.m. 78-544 WAIVE SECOND READING OF ORDINANCE: ADOPT ORDINANCE 1910 This salary',ordinance amendment adds four eligibility workers and one typist clerk to Welfare, increases homemakers-and student aides to minimum wage, reclassifies one programmer analyst in Data Processing, adds two PSE positions and provides fdeicible hiring in one position in the Auditor's Office, On motion of Supervisor Richter,, seconded by Supervisor Moseley and carried, second reading of the 'salary ordinance amendment was waived, Ordinance 1910 adopted and the Chairmari authorized to sign. 78-545 ADOPT RESOLUTION 78-62 AMENDING PERSONNEL RULES TO INCLUDE NEW UNEMPLOYMENT INSURANCE PROGRAM, ETC. This. resolution updates the Personnel .Rules to include the provisions of the new Unemployment Insurance Program, indicates the change in the name of CETAC, and the mandatory one year probationary period for promotional employees for the 6piliff and jailer positions. These changes have-been reviewed by the Butte County Employees' Association. On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, Resolution 78-d2 amending Personnel Rules was adopted and the Chairman authorized to sign. 78-546 AUTHORIZE PURCHASE OF CASSETTE RECORDER On motion of Supervisor Moseley, seconded by Supervisor Richter and carried, purchase'of cassette recorder was authorized at an estimated cost of $95 for the Farm Advisor, funding to come from within existing budget appropriations. 78-547 AUTHORIZE PURCHASE OF CPR FIRST AID TRAINING EQUIPMENT Personne! requests authorization to purchase an overhead projector, $275; projection stand, $100; and a perculator, $50 in order to provide additional safety training in conjunction with the CPR and first aid program. On motion of Supervisor Moseley, seconded by Supervisor Richter and carried,. the above. stated equipment was authorized to be purchased. Page 334, March 21, 1978 ----------------- March_21,_I978___-- 7$-548 APPROVE PURCHASE OF: FIRE TANKER A sui•table~tanjCer truck has been located for-the county fire station in Gridley at a cost of $7,400 as part of the District 4 revenue sharing district allocation programo $10,000 was authorized for this purpose. On motion of Supervisor Moseley, seconded by Supervisor .Richter and carried, purchase of fire tanker in the amount of $7,400 for county fire station in Gridley was approved as part of the District 4 revenue sharing district allocation program. 78-549 APPROVED VOTER OUTREACH AME NDED AGREEME NT An amended agreement has en prepared with the Leag}~e:of Women Voters. for the voter outreach program in northern Butte County at a cost of $75 per month which is reimburseable from the State of. Califomia, On motion of Supervisor Moseley, seconded by Supervisor Madigan and carried, the amended voter outreach agreement with League of Women Voters was approved and the Chairman. authoreeed to sign. -550 RELIEF FROM ACCOUNTABILITY: MOTION FAILS The Gridley Justice Court requests relief from accountability of 22 cases involving $3,b67 pursuant to .the manual .of accounting for justice courts for the Stafie of Califomia. It was moved,by Supervisor Moseley and seconded by Chairman Winston that relief from accountability for forwarding to the County Collections Department be authorized, AYES: Supervisor Moseley ar3d Chairman, Winston NOES: Supervisors Madigan land Richter ABSENT: Supervisor Lemke. Motion fails. Supervisor Madigan asked why a bond wasn't required of some of these people that did not pay their fines, County Clerk to be requested to look and determine if any of the people are .registered to vote. Mr. Mickelson will return next week with a suggestion as to how the matter can be handled. 551 HEALTH SERVICES REORGANIZATION APPROVED The Administrative Office has prepared a reorganization plan for the Health Services Agency, Mr. Mickelson said they were requesting Board approval of . the plan. Mr, Rackerby wild bring back a recommendation fora Health Department and a separate Mental Health Department. Chairman Winston submitted that the Health Services reorganization program should be approved, Time spent discussing the reorganization plan, Mr, Micke{son set out the background of the Health Services Department, Alternatives set outo It was felt that the best way to go at this time was to go back to-the separate Health Department and Mental Health Department. In this way, Dr. Svihus would be under the Public Health Department section and Dr. Maguire would be in charge of Mental Health Dept. On motion of Supervisor Richter,. seconded by Supervisor Moseley and carried, the. Board approved the plan as set out by Administrative Office, with the Page 335, March 21, 1978 March 21, 1978 finding that they are doing this because the Board has liste,~-e!d to all points raised and-feel that this is the lesser of all evils, 78-552 APPROVE AMENDMENTS TO REVENUE SHARING DISTRICT ALLOCATION PROGRAM On motion of Supervisor Ric -ter, seconded y Supervisor Madigan and carried, amendments to the distribution of district allocation appropriations within Supervisorial District 4 were approved. 78-553 APPROVE BUDGET TRANSFERS On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, the following budgettransfers were approved: 6-137 Probation.', Transfers $654 from the reserve to miscellaneous expense in order to provide an appropriation to cover the cash shortage in the Probation Department which was approved by the Board in accordance with Government Code Section 29390 on March 7, 1978; Minute Order 78-468. B-138 Welfare Administration. Transfers $510 from salaries and wages, with $500 going toward household expense and $IO to memberships to cover expenses involved in relocating the Chico office and to cover unanticipated membership dueso B-139 Federal Revenue Sharing -Chico Library. Transfers $26f,360 from structures and improvements to land and is necessary to transfer the appropriation for acquisition of the Chico'Library site in accordance with Board of Supervisor's action of March 21, 1978; Minute Order 78-331. B-140 Farm and Home Advisor, Trr¢msfers $:x,000 from regular salaries and wages to office.expense to cover unanticipated expenditures and to provide an appropriation for the balance of the fiscal year. B-141 Federal Revenue Sharing W miscellaneous projects. Transfers $334,221,50 from structures and improvements (Chico Library) to unallocated appropriations in order to form the basis for allocating monies to the District Allocation Program. B-142 Federal Revenue Sharing -District Allocation Program, Transfers $613,000 from unallocated appropriations to the District Allocation Program, B-143 Farm and Home Advisor. Transfers $342 from extra help with $247 going toward special departmental expense and $95 to equipment in order to allow the purchase of a. cassette. tape recorder and various photographic equipment items, 78-554 PUBLIC HEARING SET: HOUSING AND COMMUNfTY DEVELOPMENT ~,r A public hearing was set for the 1979 Housing and Community Development preapplications for March 28 and April 4, each at 11:15 a.m. 78-555 APPROVE PROJECT PROGRESS REVIEW REPORT - - --- T ereview report as required by the Community Services Administration has been prepared for the period July I,. 1977 through December 3f, 1977. On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, project progress review repc~agEa~s~proved and Chairman authorized to sign. ', March 21, 1978 ______________===A~ah21,,19Z~====______________ 78-556 APPROVE RENEWAL OF VARIANCES FOR NORMAN J. JENSEN & KENT MURPHY On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, the following renewal of variance to Section 19-10 and~or 19-12 of the Butte County f'~r~~ for 'placement of mobile homes were approved s`~.. I. Norman J. Jensen, Route 2, Box 601, Gridley (AP 22-24-91) Zoning: A-2. 2. Kent A. Murphy, 6290 Carmel Avenue, Oroville, AP 36-30-01. Zoning:AR-Ml 78-557 APPROVE REHABILITATION AGREEMENT WITH STATE DEPT. OF REHABILITATION A renewa agreement- as en prepared wit t e State Department of . Rehabilitation for the period July !, 1978 through June 30, 1979 to continue the provision of vocational services of both counseling and training for clients in the alcoholism program. On motion of Supervisor Richter, seconded by Supervisor,Moseley and carried, agreement with State Department of Rehabilitation was approved-and Chairman authorized to sign, 78-558 ALTERNATE PUBLICATION PROCEDURE: PUT OFF AGENDA AT THIS TIME T e reso ution w is wou d approve an ~a tem4te pu ication procedure on the sale of taz :deeded land to the State Department of Fish and Game taken off the agenda at this time. 78-559 PUBLIC HEARING SET: RICHARD FLINT REVERSION TO ACREAGE A public hearing was set-for April II, 1978 at 9:30 aamo for the Richard Flint reversion to acreage, AP 31-254-I1, southeast corner of Grand Avenue and Tenth-Street intersection,. Thermalitoo 78-56.11 APPROVE REQUEST FOR REFUND (STAN BROWN) & APPROVE AGREEMENT FOR SALE -SKYWAY 5126!-77-I, PARADISE AINES MOBILE HOME ESTATES, INC. On motion of Supervisor Richter, seconded bySupervisor Moseley and carried, the following action was taken: 1. Approved reques# for refund for the amount of $200 to Stan Brown for an application which-was withdrawn on AP 47-20-41. 2. Approved agreement for sale, right of way acquisition, Skyway 51261-77-1 with Paradise Pines Mobile Homes Estates, Inca in the amount of $350 fora slope easement, authorized Chairman to sign and authorized Auditor to issue warrant upon demand of County's escrow',agent, 78-561 ADOPT RESOLUTION 78-63 APPROVING 1976-77 and 1977-78 FAU "D"PROGRAM FOR BUTTE COUNTY URBAN AREAS The City of Chico has requested West Sacramento Avenue between Warner Street and SR32 be added to Chico Urban Area portion of the program. Meets approval of FAU "D" Committeeo On motion of Supervisor Richter, seconded by Supervi"sor Madigan and carried, Resolution 78-63 approving 1976-77 and 1977-78 FAU "D"program for Butte County Urban. Areas was adopted and the Chairman authorized to sign. Page _337. March 21, 1978 -____-- _1_vlarch2l~ 1978----------------- 562 APPROVE GRIDLEY FLYER AGREEMENT An agreement has been prepared with the City of Gridley for resumptian of the Gridley Flyer Citizens and Handicapped Dial-A-Ride. The service is to be administered by the City of Gridley. Supplemental appropriation of $1,000 (estimate) is required to operate system through end of fiscal year, On motion of Supervisar Richter, seconded- by Supervisor Moseley and carried, the agreement with City of Ch'rco for resumption of the Gridley Flyer Citizens and Handicapped Dial-A-Ride was approved, effective April I through June 30, 1978 and the Chairman was authorized to sign. i63 APPROVE REQUEST FOR WAIVER OF URBAN IMPROVEMENTS Public Works recommends that~the waiver of urban improvements requested by Community Development Construction, Inc. of Buschmann Road in Paradise be approved. On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, request for waiver of urban improvements was approved for Community Development Construction, Inc. of Buschmann Road in Paradise. 564 AWARD OF BID-NEAL ROAD LANDFILL OPERATION: PUT OVER ONE WEEK Pu lic Works recommends award to the ow idder-Jesse Weige -for his proposal to operate the landfill for the gate fees and the return of $13,000 annually to Butte Countyo Effective date is 4-6 weeks after execution of the contract. Supervisor Richter asked if the contract takes into consideration future increase in costs. Also, is there any procedure for which people who use the. dump would have for some type review of the operation of the dump and how to lodge-complaints. Mr_, Blackstock stated he did not have, a copy of fihe contract so could not answer these questions. AH~ard of bid put over one week so that County Counsel can ,check on the questions. set out today and prepare an analysis of the operation. 565 RESOLUTION AMENDING SUBDIVISION ORDINANCE STANDARDS: DELAYED TWO WEEKS The reso ution w ich has een prepared w ich wou d adopt map of Paradise main roads for urban standards development and adopting standard sheet RS-10-LD far development standards on other county roads and private easements was put over..two weeks at the request of the Paradise Municipal Adroisory Council. _ 566 APPROVE APPLICATION PACKAGE FOR MEYERS STREET INDUSTRIAL AREA IMPROVEMENT PROJECT, CHICO Consideration of application to UoS, Department of Commerce, Economic Development Commission for 80% grant and authorization for chairman to sign pre-application, application, assurance of compliance with civil rights act, certification of compliance with clean air act, certification of non-relocation,. current and projected job opportunities and related forms discussed. Mr. McCain present to discuss the grant and project, On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, application package for Meyers Street Industrial Area Improvement Project, Chico was approved and the Chairman authorized to sign. Page 338._ March 21, 1978 March 21, 1978 78-567 AWARD OF BID,. ELLIOTT ROAD. PROJECT, LA.PORTE ROAD PROJECT & NELSON AVENUE PROJECT: POSTPONE CRAIG AVENUE PROJECT Hal McDonald, Public Works, reported on the bid results for: a. Elliott Read curb, gutter, sidewalk and drainage -Project 58431-78-1 b. LaPorte Road, Project 03532-76-I c. Nelson Avenue, Praje.ct 29363-77-1. Public Works recommend the awarding of the bids, approve the contracts for the work an utharizing the postponement of the Craig Avenue Project and transferring the $35,00 from this project to the above projects. Also transfer the balance needed in the amount o.f $2,700 from the Road Reserve fundo Request discussed. On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, the following contracts were approved, transfer of $35,000 from the Craig Avenue Project authorized; with the postponement of Craig Avenue Project at this time; and authorized the transfer of $2,700 from the Road Reserve Fund to make up the necessary funds needed for these three projects: a. Elliott Road Project -awarded to Hayward Construction Company of Redding in the amount of $24,522.500 b. LaPorte Road Project -awarded to Robinson Construction Company of Oroville in the amount of .$104,143,75, c. Nelson Avenue Project -awarded to Robinson Construction Company of Oroville in the amount of $112,925.50. 78-568 TREE RECMOVAL ON UNDO CREEK & BIG. CHICO CREEK AREAS Discussed the matter of tree remova on Linda Creek and Big Chico Creek. Supervisor Madigan said he was approached over -the weekend by someone to have the County trim the trees. It was felt that the County should not do thiso The County should not get into, this type program itt was felt. 'The Board instructed Mr. McDonald to tell Mr. Castleberry not to do any tree removal unless the matter is first brought to the Board. 78-569 PUBLIC WORKS AUTHORIZED TO OPEN BIDS ON PLANS & SPECS FOR PARADISE PATHWAY PROJECT Mro McDonald reported on the agreement with the Women's Clubs of Paradise for the Paradise pathwayp project. They. have a problem with the volunteer labor as.to the laying of the asphalt, Dan Blackstock, County Counsel, reported on this.project. He recommended that Public Works be authorized to formally open bids for this work on March 31, 1978. This would be for the supplying and placing of the asphalt, pursuant to the plans and specs approved by Public Works. National Guard will rent the equipment to do the work, There is another complication in the contract that the Board awarded for the placing of the culverts. This project is ready, to go on April 1, (978. Work to be done set out.- The gravel will be delivered to the site on March 30th; the Nationa! Guard will do the work on the weekend. On motion of Supervisor Richter, seconded by Supervisor Madigan and ', Page 339. March 21, 1478 ----______====Mw~ch 2=1Q7$___________________ carried, Public Works was authorized to open bids on the plans and specs for the Paradise Pathway Project, to be opened on March 31, 1978, withtlthe understanding that if things go right, they will not go to bid. 7$-571 ADOPT RESOLUTION 78-54 OF APPRECIATION FOR ALVA W. MITCHELL On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, Resolution 78-54'of appreciation for Alva W, Mitchell was adopted and the Chairman authorized to sign; said resolution to be presented to Mr. Mitchell at his retirement dinner. 78-571 APPROVE APPOINTMENTS TO CHICO BIKE STUDY COMMITTEE On motion of Supervisor Ric ter, seconded y Supervisor Madigan and carried, the following were appointed to the Chico Bike Study Committee: Anna M. Sylvester, Chico James M. Owens, Chico a 78-572 APPROVE APPOINTMENT TO THE CfTIZENS ADVISO-RY.TASK FORCE FOR BUTTE COUNTY GENERAL PLAN HOUSING ELEMENT UPDATE On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, Clarence freed, 6603 IC;lark ~'a~td, Paradise was appointed a member to the Citizens Advisory .Task Force for the Butte County General Plan Housing Element Update.. 78-573 APPOINTMENTS TO REVENUE SHARING COMMITTEE (MADIGAN AND MOSELEY) Appointments to Revenue Sharing Committee put over one week. RECESS: The Board recessed at 2:45 for an executive session to discuss potential litigation. RECONVENED: The Board reconvened at 3:02 fallowing an executive session. Chairman Winston reported that nothing was decided on the potential litigation. 78-574 AWARD SALE OF REAL PROPERTY TO MRS. HAMPTON:: RESOLUTION 78-b4 On motion of Supervisor Madigan, seconded by Supervisor Mdse ey and carried, Resolution 78-b4 awarding sale of real property to Mrso Hampton was adopted and Chairman authorized to sign the Resolution and Deed. 78-575 DISALLOW CLAIM OF AUDITOR AND REFERRED MATTER TO GRAND JURY Supervisor Richter requested that Bill Lawrence, County Auditor, be present for a matter that concerns him. Mra Lawrence was present at this time. The Board had a claim placed by the Auditor, also a memo explaining the transaction. It would seem that there is a discrepancy i n the billingo Mr, Lawrence had written on the billing from the motet that he was billing the County for the double rate because the motel did not have any more single rooms available. His wife had accompanied him on this trip, Supervisor Richter stated that what concerns him is th,~t the Auditor wrote on the receipt billed at the double rate because singles were unavailable. Supervisor Richter stated he had mode several phone tails regarding this matter; Supervisor Madigan had listened on the extension phone to the conversation he had with the motel; the motel disavows any such transaction that they did not have single rooms available at the time of Mr, Lawrence's stay. Supervisor Richter stated that the Auditor had set the rules that the County would not pay for the spouces, In Supervisor Richter's opinion,. the County Auditor wrote a statement that is false. Chairman Winston requested the Auditor to respond to these statementso Page 340, March 21, 1978 Mr. Lawrence read the note that accompanied the claim to Mr. Mickelson. He states he was told that the charge would be the same for a double room as the rate for a single room, He explained why he had written the note.. The claim for lodging at Morro Bay shows the deduction for his wife. Supervisor €Rchter made the point that the hotel administration had stated that at all times they had single rooms and they did not say that they would charge the same for a double room as for a single room. The receipt indicates that he sent in his check for a double room. Mr. Lawrence stated that it was not. his intention to defraud the County. This is a small amount of money involved. Supervisor Richter felt that the claim should be disallowed, It was moved by Supervisor Richter, seconded by Supervisor Madigan . and carried that the claim of Bill Lawrence, County Auditor, for lodging be disallowed and that the records be referred to the Grand Jury relating to this claim for lodging.. 78-5~~ADOPT RESOLUTION 78-65 STATING POSITION OF BOARD OE SUPERVISORS RE MEMOS BY THE AUDITOR DATED MARCH 8, 1978 Supervisor .Madigan stated he would like to go back to the motion made in the momingsession of this meeting regarding the resolution that set out the Board's position regarding the. memos by the Auditor. Chairman Winston stated he had not voted for the motion as the memo from County Counsel states that he did not question the Auditor's right to appoint a deputy and he felt that the passage of the resolution should be the last resort open to the Board. In Chairman Richter's opinion, the memo dated March 20, 1978 by the Auditor mitigated the paragraphs in the March 8, 1978 memo and it satisfied Chairman Winston. He felt that the passage of the resolution was not needed. Mro Blackstock explained the liability of the County for acts of the County Auditor, If the Board has gone on record as opposing the Auditor's actions, then they would not be held liable for any future action followed through by threats. The resolution would remove the County's liability in the future. Mr. Lawrence stated that as long as Mr, Johanson does not violate his trust of him, he will re-establish Mr, Johanson `s status after the election. Supervisor.Richter said he wanted to go on record as stating that the three paragraphs in the memo from Mr. Lawrence are incombdtible to him~an~3~~nianted to go on record as saying that the Board will not tolerate this type action. Chairman Winston stated that County Counsel says that if the Board does not pass this resolution, they would be subjecting the county to a law suit. The County can be held liable. Mr. Lawrence admitted that he used poor judgment in the writing of those three paragraphs. He had no intention of infringing on Mr, Johanson's rights, Supervisor Richter stated that this statement is not acceptable to him. Chairman Winston asked Mr. !l~wrence if he would feel fit to correct the wording and Mr. Lawrence said he-feels it would be wrong to correct the wording. Supervisor l~ichter said he was not concemed about the verbage; he is concemed about the intent and the thrust of the intent of the memo. Page 32~1r March 21, 1978 On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, the Board reconsidered their motion made this morning in reference to the adoption of a resolution prepared by County Counsel; adopted RESOlution 78-65 which states the Board of Supervisors' position regarding the memos by the Auditor dated March 8, 1978 and March 20, 1978 and authorized the Chairman to sign. 78-5~77ADOPT RESOLUTION 78-b6 IN SUPPORTOF INCLUSION OF $160,000 IN PRESIDENT'S BUDGET FOR BANK.PROTECTION ONTHE SACRAMENTO RIVER BETWEEN CHICO LANDING AND REDDBLW~.~F Supervisor Madigan referred to a resolution adopted by the Nine Nor#hern Counties Supervisor Association opposing the deletion of the $160,000 in the President's Budget for bank protection. along the Sacramento River between Chico Landing and Red 'Blu~fifinc~ ~ Congressman Johnson is going to fight any shift from this work. Supervisor Madigan suggested that the Board adopt a similar resolution. On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, Resolution 76-66 in support of inclusion of $160,000 in President's budget for bank protection on the Sacramento River between Chico Landing and CRed3€B~uff .was adopted and the Chairman'authorized'to sign. ;TgDISCUSSION: REQUIREMENT FOR CURBS, GUTTERS & SIDEWALKS Resolution concerning the requirement for cur s, gutters and sidewalks discussed, It was stated that some people are not quite satisfied. The decision whether these improvements will be required would be left up to Public Works. When Public Works makes the determination that they should be required, then the matter will come back to the Board AMtter discussed; no action taken. 78~-5~A ADOPT RESOLUTION 78-67 SUPPORTING THE CONTENUATION OF SKIING O N MT. SHASTA Supervisor Madigan stated that Sky Shasta Corporation requests that the Board consider a resolution supporting the continuation of skiing on Mt, Shastaa Part of the lift was destroyed by an avalanche. He stated that time was of the essence in this matter. Sky Shasta wishes to move the snow lift down to Section 30. Section 30 is part of the wilderness area, Supervisor Madigan stated that skiing is an important part of the economy up in that area. On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, Resolution 78-67 supporting the continuation of Skiing on Mt. Shasta was- ad AI as A' By Page 32..'.420 March 21, 1978