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HomeMy WebLinkAboutM041178April 11, 1978 7~p, o0 ~ZZ, o0 ¢~z~ ° a ¢u~~ ~/a• as l/O.Oo COz ~, O C1 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk by Cathy Fitts, deputy clerk. Pledge of Allegiance to the Flag of the Unites States of Amierca. Invocation by Supervisor Moseley 78-681 APPROVAL-OF MINUTES On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, the minutes of April 4, 1978 were approved as mailed with a correction to the minutes of March 28, 1978, minute order 78-588, line 6 to read: The morticians are asking for this. 78-682 COMMUNICATIONS Salvation Army of Oroville. The Organization writes regarding transportation needs within the Oroville area. Discussed; no action taken. Pathways for Paradise Committee. Jean M. Couch, chairman, writes in opposition to the proposed resolution regarding development standards in the Paradise area. This matter is to be held in abeyance until after a meeting with citizens of Paradise. Dorothy L. Subke, Paradise. Mrs. Subke writes in opposition to the proposed resolution regarding development standards in the Paradise area. This matter is to be held in abeyance until after a meeting with citizens of Paradise. Paradise Municipal Advisory Council. Warren H. Humbert, chairman, writes indicating that the citizens of Paradise are opposed to the proposed resolution regarding development standards in the Paradise area. This matter is to be held in abeyance until after a meeting with citizens of Paradise, Butte County Committee far the Employment of the Handicapped. Bill Elsey, chairman, writes requesting the Board to adopt a resolution recognizing the committee's operations. Referred to later in the meeting. Butte County Crand Jury. Charles A. Hancock, foreman, writes in follow up to Resolution No. 78-65, dated March 24, 1978. Information; no action taken. Oroville Youth Council. The Council writes in support of the Runaway Youth Program which is on the agenda under Item ~~25. Referred to later in the meeting. 78-683 ADDITIONAL MATTERS PRESENTED BY SUPERVISOR RICHTER Supervisor Richter stated that the Eoard funded CETA on a priority basis. The Board has held to the policy. The Board has been concerned about community based political agencies. Supervisor Richter stated that he had received a memo from Jim Rackerby, personnel directpr, setting out that political activities are prohibited under CETA. This is a county wide issue.. Supervisor Richter stated that he wanted to go on record stating that in fact some of the organizations are political and they want to be funded with CETA funding. Page 375. April 11, 1978 April lI, 1.978 Supervisor Madigan stated that he had received a call along that line asking for a committment from him for a similar organization. Supervisor Richter announced that there will be a meeting to be held April 17, 1978 at 7:30 p.m. in the Chico City Council Chambers to discuss pesticides-with all interested farmers. There will be a report back to the Board .following the meeting. 78-684 GRANT PERMISSION FOR THE RIDGE RUN TO BE HELD MAY 7, 1978 AT 1:00 P.M. IN CONNECTION WITH GOLD NUGGET DAYS IN PARADISE Dan Blackstock, county counsel, stated thaX the reason the Sheriff referred the matter to the Board was because this is a race and not a parade. The course is through one o£ the busiest intersections in Paradise. Are the streets going to have to be shut down for the race? These streets could not be-shut down as they are the access for the hospital. The CHP had advised that there is a 25,000 vehicle per day count on the road. Mr. Blackstock stated that possibly there could be some other course charted. Supervisor Lemke stated that this would be taking place on a Sunday and the traffic count would be different. At the end of a race someone gets a prize. At the end o£ the walkathons someone received a prize. There is no difference. Kerry Johnston stated that they were only asking that the race be along the right hand side of the road. There was no request to have the road blocked. The CHP was asked to put a blinking red light at the intersection or have an officer to control traffic. Mr. Johnston set out the routes that would be taken in the race. On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, permission for the Ridge Run to be held May 7, 1978 at 1:00 p.m. in connection with Gold Nugget Days in Paradise was granted. 78-685 APPROVE GRANT SUBMISSION - RUNAWAY YOUTH PROGRAM GRANT TO THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE IN AN AMOUNT NOT TO EXCEED $90,000 WITH PROBABLE STARTING DATE OF SEPTEMBER.1, 1978 Razia Khan, EOC director, set out the background of the grant. This would be for a runaway facility It would be a si.x-bed facility with the maximum stay of five days. Counseling would be offered through the Mental Health Department. The runaways are kept at the Detox building at the present time and can only be held for 24 hours. There are no real statistics on runaways but there is a real need for the program. The statistics in 1976 showed there were 200 juveniles wino ran away. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the grant application to the Department of Health, Education and Welfare for the purpose of providing short term crisis and residential center for runaway youth in an amount not to exceed $90,000 with probable .starting date of September 1, 1978 was approved for submission and the Chairman authorized to sign. 78-686 APPROVE GRANT SUBMISSION - SUMMER YOUTH RECREATION PROGRAM GRANT WITH COMMUNITY SERVICES ADMINISTRATION IN THE AMOUNT OF $2,720 WITH ANTICIPATEB OPERATION FROM JUNE 1 THROUGH AUGUST 31 , 1978 On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the annual grant application with Community Services Administration in the amount of $2,720 for the Summer Youth Recreation Program was approved for submission and the Chairman authorized to sign. Page 376. April. 1.1, 1978 April 11, 1978 78-687 BISCUSSION: CALIFORNIA ACCESS GRANT WITH THE STATE DEPARTMENT OF REHABILITATION IN THE AMOUNT OF $25,000 AND $25,456 IN EOC AND CETA COSTS FOR HANDICAPPED PERSONS Aiscussion of submission of the California Access Grant with the State Department of Rehabilitation in the amount of $25,000 and $25,456 in EOC and CETA costs for handicapped persons was held at this time. Razia Khan, EOC director, set out the background of the grant. This is earmarked for EOC. This will help the handicapped in removing social barriers. There will be an information and referral center to help them.- The matter is continued to later in the meeting. 78-688 PUBLIC HEARING: RICHARD FLINT - REVERSION TO ACREAGE, AP 31-254-11, SOUTHEAST CORNER OF GRANB AVENUE AND TENTH STREET INTERSECTION THERMALITO. The public hearing on the Richard Flint reversion to acreage, AP 31-254-11, southeast corner of Grand Avenue and Tenth Street inter- section, Thermalito was held as advertised. Clay Castleberry, public works director, set out the background of the matter. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the reversion to acreage was approved with the findings that no dedications or offers for dedication will be affected and that all owners of record have consented to the reversion and authorized the recording of the final map thereof. CHAIRMAN WINSTON WELCOMED MR. SHELBY'S CLASS FROM LAS PLUMAS HIGH SCHOOL 78-689 CONTINUED DISCUSSION: CALIFORNIA ACCESS GRANT WITH THE STATE BEPARTMENT OF REHABILITATION TN THE AMOUNT OF $25,000 AND $25,45& IN EOC AND CETA COSTS FOR HANDICAPPED PERSONS - CONTINUER TO APRIL 25, 1978 The continued discussion of submission of the California Access Grant with the State Department of Rehabilitation in the amount of $25,000 and $25,456 in EOC and CETA costs for handicapped persons was held at this time. Razia Khan, EOC director, stated that this program was to develop self-awareness through training session for the handicapped. The. information and referral center would be to help people to know. where to go to get help. This is a pilot program. Ms. Khan stated that $25,000 would be given to the county and $25,456 would be for CETA personnel to fill the slots. The grant does not cover administration of the program. Mrs. Laurena Hardesty, Chico, stated that the thing that bothers her is that there are so many programs for the handicapped now. There is a need to get the programs together. Mrs. Hardesty stated that the Coordinating Council meets on the thrid Monday of every month. The matter is continued to April 25, 1978 for consideration after submission of the grant to the Coordinating Council for their recommendation. 78-690 REQUEST OF BUTTE COUNTY COMMITTEE FOR THE EMPLOYMENT OF THE HANBTCAPPEB FOR ADOPTION OF A RESOLUTION RECOGNIZING THE COMMITTEE'S OPERATIONS -- CONTINUED TO APRIL 25, 1978 FOR CONSIBERATION It was moved by Supervisor Madigan, seconded by Supervisor Moseley that a Resolution be adopted recognizing the Butte County Committee for the Employment of the Handicapped operations. Page 377. April 11, 1978 April 11, 1978 Motion withdrawn. The matter is continued to April 25, 1978 for consideration after submiss-ion to the Coordinating Council for their recommendation. 78-691 PUBLIC .HEARING: RAY VELLIQUETTE - APPEAL OF CONDITIONS 1 AND 4, TENTATIVE PARCEL MAP, THREE PARCELS, NORTHWEST SIDE OF SKYWAY, APPROX. 2,500 FEET NORTHEAST OF HUPP COUTOLENC ROAD, DE SABLA AREA The .public hearing on the Ray Velliquette appeal of conditions I and 4, tentative parcel map, three parcels, northwest side of Skyway, approximately 2,500 feet northeast of Hupp Coutolenc Road, DeSabla area was held at this time. Clay Castleberry, public works dixector, set out-the background of the appeal. Hearing open to the public. Appearing: Ray Velliquette. Mr. Velliquette .stated that since he appealed the conditions theee has been a change in condition 1. Mr. Markley, archaeologist fox the society that. requested this condition has made an assessment of the area. The surveyor ran the property lines and it was found that the _ site was maybe four or five feet on the property in question. The remainder of the site is on Diamond International property. Mr, Markley phoned the county-staff and felt that there would not be enough significant value on the property. Earl Nelson, environmental review dixector, stated that Mr. Markley had called his-office and this would take care of the issue. Mr. Velliquette stated that he was also appealing condition 4. There is a requirement for a 20-ton. bridge with. a possibility that it will never be used. You can jump across the ditch. Mr. Velliquette stated that he is going through the process with PG&E to provide an easement. He. is willing to redesign the map if this has to be done. The fire txucks could come in the back way. Mr. Castleberry stated that he would be happy with this if no building permits were allowed in the back until the bridge was constructed. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, condition 1 was deleted from the requirements; candition 4 was changed to read: provide two-way traversable access or no building permits will be issued west of Hendricks Canal until. a bridge is built or other access provided and based on the initial evaluation the proposed project could not have a significant effect on the environment and a negative declaration is recommended. . Earl Nelson, environmental review director, stated that the State mandates the criteria for determining the impact of a project. This includes archaeological sites.. It was felt that this matter could be mitigated with condition 1. Mr. Nelson stated that his office relies on the report from the Society of Archeaologists from Chico State University. Supervisor Richter stated that it would be appropriate for the Board to draft a letter to the legislature asking them to redraw the criteria and ask the State of California to provide funding for the purchase of land or easements for use on the sites. The Administrative pfficer to write a letter to Senator Ray Johnson, Assemblyman Chappie and Assemblyman Statham on this matter. Page 378. April ll, 1978 April 11, 1978 78-692 AWARD BID -- NORD EIRE STATION On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the bid for the Nord Fire Station remodel was awarded to Detco Steel and Construction, Inc. in the amount of $67,364 for the necessary alterations and improvements. 78-693 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MOSELEY Supervisor Moseley stated that she would like-some explanation about the Gridley fire tanker. Mr. John Thurman, assistant fire .warden, stated that the tanker is not a regular fire tanker. It has been-converted. The funds were for $10,000 and the cost of this tanker is $7,400 without conversion.. Mr. Thurman is to bring the cost of converting the tanker back to the board. RECESS: 10:10a.m. RECONVENE: 10:22 a.m. 78-694 AUTHORIZE PURCHASE UNDER STATE CONTRACT OF EIGHT PASSENGER VAN FOR $6,663.50 PLUS TAX FOR THE MENTAL HEALTH DEPARTMENT - DELETE PURCHASE OF SUBCOMPACT.HATCHBACK COUPE On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the purchase under state .contract of an eight passenger van for $6,663.50 plus tax for the Mental Health Department was authorized and the purchase of the subcompact hatchback .coupe was deleted and the funding taken out of the budget. 78-695 AUTHORIZE ADMINISTRATIVE OFFICER TO COMMENCE NEGOTIATIONS WITH PROPERTX OWNER OF SITE 4~1 AND TO SECURE AN APPRAISAL IF NECESSARX FOR GRIDLEY LIBRARY LAND ACQUISITION On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the Administrative Officer was authorized to commence negotiations with the property owner of site X61 and to secure an appraisal if necessary-for the Gridley Library land acquisition. 78-69b AUTHORIZE BUILDING MAINTENANCE DEPARTMENT TO CONSTRUCT TWO CABINETS OF SHELVING AT AN ESTIMATED COST OF $200 - AUDITOR On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the Building Maintenance Department was authorized to construct two cabinets of shelving-for the Auditor at an estimated cost of $200. 78-b97 ADOPT RESOLUTION 78-76SETTING PUBLIC HEARING DATE - COUNTY SERVICE AREA #57 (BERRY CREEK FIRE HYDRANTS) On .motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Resolution 78-76 setting a public hearing date of.May 16, 1978 at 9:30 a.m. for consideration of the formation of County Service Area ~{'S7 (Berry Creek fire hydrants) was adopted and the Chairman authorized to sign. 78-b98 APPROVE SEARCH AND RESCUE COST FOR RICHARD 0. BIRK, ET AL PAYMENT TO SAN BERNARDINO COUNTY IN THE AMOUNT OF $282.41 IN ACCORDANCE WITH GOVERNMENT CODE SECTION 26614.5 On motion of Supervisor Moseley, seconded by Sugervisor Richter and unanimously carried, the search and rescue cost far Richard 0. Birk, et al in the amount of $282.41 was authorized to be paid to San. Bernardino County in accordance with Government Code Section 26614.5. Page 379. April 11, 1978 April 11, 1978 78-699 APPROVE WEED ABATEMENT AGREEMENT WITH-STATE DEPARTMENT OF TRANSPORTATION FOR THE PERIOD JULY 1, 1978 THROUGH JUNE 30, 1979 AT A COST NOT TO EXCEED $5,500 On motion of Supervisor Madigan, seconded by Supervisor .Rich ter and unanimously carried, the-weed abatement agreement with the State Department of Transportation whereisi the-county for consideration agrees to furnish labor, equipment and materials requixed to control and eradicate noxious weeds on state highway rights of way for the period July 1, 1978 through June 30, 1979 at a cost not to exceed $5,500 was approved and . the Chairman authorized to sign. 78-700 APPROVE DISTRICT 2 AND 3 REVENUE SHARING AMENDMENTS - APPROPRIATE $1,000 OF THESE FUNDS TO INCREASE THE DISTRICTS' APPROPRIATIONS ACCORDINGLY FOR ACCESS PATHS OR SIDEWALKS FOR SCHOOLS On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the District 2 and 3 revenue sharing amendments allocating $1,000 for each of the Districts` appropriations accordingly for access paths or sidewalks for schools were approved. 78-701 APPROVE HONCUT VOLUNTEER FIREMAN CONTRACT IN THE AMOUNT OF $4,000 AS PART OF THE DISTRICT 4 REVENUE SHARING DISTRICT ALLOCATION PROGRAM On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the Honcut Volunteer Firemen contract in the amount of $4,000 as par t. of the District 4 Revenue Sharing District Allocation program. was approved and the Chairman authorized to sign. 78-702 APPROVE STIRLING CITY SENIOR CITIZENS CLUB CONTRACT IN THE AMOUNT OF $10,000 AS PART OF THE DISTRICT 5 REVENUE SHARING DISTRICT ALLOCATION PROGRAM On .motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the Stirling City Senior Citizens Club contract in the amount of $10,000 as part of the District 5 Revenue Sharing District Allocation. Program was approved and the Chairman authorized to sign. 78-703 APPROVE FEATHER RIVER SENIOR CITIZENS ASSOCIATION CONTRACT IN THE AMOUNT OF $20,000 AS PART OF THE DISTRICT 1 REVENUE SHARING DISTRICT ALLOCATION PROGRAM On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the. Feather River Senior Citizens Association contract in the amount of $20,000 as part of the District 1 Revenue Sharing District Allocation Program was approved and the Chairman authorized to sign. 78-704 APPROVE EXPENDITURE OF $1,000 CHICO OFFICES PARKING AND AUTHORIZE TRANSFER FROM THE RESERVE On .motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, expenditure of $1,000 for the purchase of signs and .posts, repainting some signs and curbs and to print and issue stickers for the Chico offices parking was approved and transfer from the reserve was authorized. 78--705 APPROVE. BUDGET TRANSFERS On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the following budget transfers were approved: B-156 Memorial Halls. Transfers $7,000 from regular salaries and wages to extra help in order to cover existing and projected deficiencies in the extra help account because of a prolonged illness of a regular employee. B-157 Building and Subdivision Inspection - Subdivision Inspection. Establishes a $150 appropriation for professional and specialized Page 380. April I1, 1978 April 11, 1978 services for the payment of the subdivision committee hearing officer pursuant to Section 20-173 of the subdivision ordinance. Funding is anticipated to-come from land development fees. B-159 Sheriff - Enforcement. Transfers $12,000-from extra help to clothing and personal supplies in order to cover current and anticipated deficiencies because of the requirement to purchase uniforms for eight new CETA deputy sheriffs and purchase rain gear .for all departmental personnel. 78-706 APPROVE VARIANCE RENEWAL.-.GRACE COON On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, the renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Route 3, Eox 98, Chico, AP 39-25-02, zoning: A-20 was approved for a period of one year for Grace Coon. 78-707 APPROVE CERTIFICATION FORM FOR THE COUNTY ALCOHOLISM PROGRAM BUDGET FOR 1977-78 YEAR On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the certification form for the county alcoholism program budget for 1977-78 year was approved and the Chairman authorized to sign. 78-708 ADOPT RESOLUTION 78-77 AMENDED RESOLUTION AUTHORTZTNG SALE OF BONDS AUTHORIZE FILING OF WAIVER OF PROPERTY OWNER OF RIGHT TO MAKE PAYMENTS DURING THTRTY-BAY CASH COLLECTION PERIOD: AUTHORIZE FILING OF LETTER OF COMMITMENT FROM BIRR WILSON & COMPANY,-INC.- WOODRIDGE ASSESSMENT DISTRICT On motion o£ Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the following actions were taken regarding the Woodridge Assessment District: 1. Authorized filing of waiver of property owner of the right to make payments during the thirty-day cash collection period. 2. Authorized filing of letter of commitment from Birr, Wilson & Co., Inc. 3. Adopted Resolution 78-77, amended resolution authorizing sale of bonds and the Chairman authorized to sign. 78-709 AUTHORIZE EQUIPMENT REPLACEMENT - MOWER UNIT REPLACEMENT FOR PUBLIC WORKS AT AN ESTIMATED COST OF $5,000 WITH FUNDING CONNING FROM SAVINGS IN THE EQUIPMENT ACQUISITION BUDGET On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, replacement of a sickle mower with a new flail unit in the use of fast growing roadside grass in the agricultural areas at an estimated cost of $5,000 was authorized with funding to come from savings in the equipment acquisition budget. 78-710 APPROVE AGREEMENTS FOR SALE RIGHT-OF-WAX ACQUISITIONS On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the following agreements for sale were approved; the Chairman authorized to sign and the Auditor authorized to issue warrant upon demand of County's escrow agent: Dayton Road @ S.R. 32 George.Moural, etux, house and lot $18,000 Skyway 451261-77-1 Sohn J. Powers, etux slope easement $ 50 78-711 AUTHORIZE PARTICIPATION LN COOPERATIVE PROJECT WITH CITY OF BIGGS FOR RAILROAD AVENUE BY FURNISHING MATERIALS FROM COUNTY MISCELLANEOUS CULSiERT FUND TO BE INSTALT.ED BY. CITY OF BIGGS On motion of Supervisor rloseley, seconded. by Supervisor Lemke and unanimously carried, participation in the cooperative project with Page 381. April 11, 1978 April 11, the City of Biggs for the railroad from county miscellaneous culvert was authorized. 1978 Avenue project by furnishing materials funds to be installed by City of Biggs 78-712 AUTHORIZE PUBLIC WORKS AND AUDITOR TO DEVELOP A PROCEDURE,TO ALLOW RETURN TO THE DEVELOPER FOR HIS OVERSIZING PORTION OE THE SYSTEM FROM THE FUTURE FEES - CUSSICK AVENUE STORM DRAIN - NORTHWOOD COMMONS On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Public Works and Auditor were authorized to develop a.procedure to allow return. to the developer of Northwood Commons for his oversizing portion of the Cussick Avenue starm dxain in the amount of $17,527 to be returned from the future fees. 78-713 DISCUSSION: LARGE LOT SUBDIVISION-AND AGREEMENT :POSTPONING IMPROVEMENTS Discussion of large lot subdivision Public Works proposes to process and by agreement postpone improvements held at this time. Clay Castleberry, public works director, set out the background.. There is a proposed large subdivision fronting on an existing road in an urban area that should have full improvements. The first thought was that if the developer would be in agreement there would be no building permits issued until. improvements were put in. Counsel has advised that the agreement would be difficult to enforce. Mr. Castleberry stated that he was asking that the matter be taken off the agenda. Supervisor Richter stated that in the public interest a division should .not be allowed to take place without the improvements that would normally be required. The matter was continued to April 18, 1978. 78-714 ADDITIONAL MATTER PRESENTER BY PUBLIC WORKS Clay Castleberry, public works director, stated that they are rebidding the Paradise Express. This is not because of the bad service. The contract is running out. 78-715 PUBLIC HEARING DATE SET A public hearing date of April 25, 1978 at 9:30 a.m. was set .for consideration of the Tri-"B" Inc. approved negative declaration and rezone from "A-2" (general) to "TM-40".(timber mountain - 40 acre parcels) property located on the south side of Richardson Springs Road, east of Cohasset Road, identified as AP 47-28-64, 65, 66, 67 and 68, containing 233.66 acres, more or less, Chico. 78-716 ADOPT RESOLUTION 78-78 SETTING PUBLIC HEARING DATE - JAMES BARNES - ABANDONMENT OF A TSdELVE FOOT PUBLIC UTILITY EASEMENT LYING WITHIN LOTS 6 AND 7 OF FEATHER RIVER, HEIGHTS SUBDIVISION, PARADISE On motion o£ Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Resolution 78-78 setting a public hearing date of May 16, 1978 at 9:30 a.m. for consideration of James Barnes abandonment of a twelve foot public .utility easement lying within Lots + and 7 of Feather River Heights Subdivision, Paradise was adopted and the Chairman authorized to sign. 78-Ill ADOPT RESOLUTION 78-79 SETTING PUBLIC HEARING DATE - MR. AND MRS. LEROY A. HELLERT - ABANDONMENT OF A PUBLIC UTILITY EASEMENT WITHIN LOTS 243 AND 244 OF PARADISE PINE UNIT 12 On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, Resolution 78--79 setting a public hearing date of May 16, 1978 at 9:30 a.m. for consideration of Mr. and Mrs. Leroy A. Hellert abandonment of a public utility easement within-Lots 243 and 244 of Paradise Pines Unit 12 was adopted and the Chairman authorized to sign.. Page 382. April 11, 1978 April I1, 1978 /8-718 DENY REQUEST FOR LEGAL DEFENSE - AUDITOR It was moved by Supervisor Richter, seconded by Supervisor Madigan that the Board make the following findings and determinations relative to the request of the. Auditor to provide him with a defense in the case of BCEA vs Board of Supervisors et al, Butte Superior Court ~~66135: 1. This whole problem, the lawsuit, our board's action in adopting Resolution 78-65, arose from an action or actions taken by the Auditor and as shown by him memo dated March 8, 1978. In that memo: "Whatever your reason for declarsng your candidacy for County Auditor, T cannot deny you the .right to seek election to the office. Nor can I remove you from your position with the County (without cause) during the course of the campaign. Your action, however, has placed a serious constraint on our relationship as principle officer and assistant because I am seeking re-election as Auditor. In order to relieve you from responsibility for the conduct of my office during the campaign, and to assure that none of your actions will reflect unfavorably on the conduct of my du ies, I believe it is in the best interest of all concerned (including the voters and taxpayers) to cancel your appointment. as a Deputy Auditor until after the 1978 election. Effective March 10, 1978, you are also relieved of any authority or responsibility to sign any correspondence or reports emanating from this office, to establish policy or procedures for this office, to hire, fire or discipline any employee, to provide any advice and guidance to the Board of Supervisors, County departments or any other entity under the fiscal jurisdiction of this office unless specifically directed by me to do so, to approve any .contracts or agreements on behalf of this affice, to grant any leaves of absence to employees or to perform any other executive or administrative act for this office unless so directed by me in writing." "Upon termination o~f the election campaign, I will review and re-establish your status in the office dependent on the outcome of the election and the manner in which you conduct your campaign. I will not tolerate any false or misleading statements about the conduct of this office or about my personal performance. The citizens of this County are entitled to select the best qualified person as their Auditor. I therefore caution you to maintain a "clean" campaign in your attempt to obtain the office of Auditor.° 2. In our Board's resolution last week, our Board set out its position on this matter, 3. The Auditor was given an opportunity on March Z1, 1978 by this Board to express his views and position, and was requested to modify his memorandum of March 8, 1978. 4. Notwithstanding the Board's attempts to resolve the problem, the Auditor chose not to modify his position, and chose .instead to continue his course of conduct. S. The Auditor's refusal to comply with the Board's order to comply with the rules of the merit system has lead directly to the case of BCEA vs Board of Supervisors. 6. The Auditor's refusal to comply with the lawful orders of this Board constitutes the "actual fraud, corruption or actual malice referred to in Goverment Code Section 995.2 and 99,6.4. Page 383. April 11, 1978 April 11, 1978 ` y 7. It is very apparent that the Board and the Auditor have a conflict of interest in the defense of the action. Based on the above, the Auditor's request was denied. Bill Lawrence, auditor, stated that under Government Code Section 995.2 the Board must establish fraud, malice or corruption under subparagraph C. The. Board of Supervisors is not the entity. The Board of Supervisors were in conflict with the entity when they adopted Resolution 78-65. Mr. Lawrence stated that he thinks the intent is to determine whether there is a Violation of the personnel rules. Mr. Lawrence stated that the last three paragraphs in the Resolution are in violation of the statutes. Under the provisions of Section 995.6, Mr. Lawrence can obtain private counsel and file a claim against the county for any costs incurred. The Board could refuse the claim and then a Writ would have to be filed. Mr. Lawrence .stated that he regrets the manner in which this was brought to court. There is nothing in the text of the memo that would support any of the charges brought. There would be a question of whether to choose t.o provide me with counsel satisfactory to my own approval or I could go out and select an attorney and bill the county through Section 995.6. Dan Blackstock, county counsel, stated that the Board would have grounds to do this undex Section 995.2. They can take the action in the motion. Vote on motion taken at this time. ALES: Supervisor Lemke, Madigan, Richter and Chairman Winston NOES: Supervisor Moseley 78-719 APPEARANCE: JAMES HANSEN, OROVILLE Mr. Hansen stated that the Bureau of Alcohol, Tobacco and Firearms are going to put the type of gun, serial number, and owner on a central computer. This was directed under the executive order. The people have until May 21, 1978 to have letters in protesting this. This is a registration of all firearms. This could not be passed through the representatives. Mr. Hansen asked that the Board of Supervisors write a letter in opposition to this matter. 78--720 APPEARANCE: FLOYD VAN WOERT, OROVILLE Mr. Van Woert spoke to the board regarding labor racketeering. Local government can act on the matter of secrecy within the unions. The Board of Supervisors could pass a law prohibiting this in Butte County. Chairman Winston stated that there are some strong federal and state laws on the labor unions. 78-721 APPEARANCE: MICHAEL PIERCE, SWEDES FLAT ROAD Mr. Pierce asked the Board for clarification on the $750 fee far improvements to Swedes Flat Road. Does this include existing lots or is is just for new.parcelsY Mr. Pierce stated that he would like to know if the $750 charge for the notice of violation will pass beyond the original violator to the second and third party. This will be difficult to take to the citizens. Clay Castleberry, public works director, stated that the Board approved a $750 road charge for future parcels in the area and also the same $750 charge for processing of notices of violation or certificates of compliance. This would not be restricted to the original owner. The Board did not exclude the third party owner. Page 384. April. 11, 1978 April 11, 1978 - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - /8-722 APPEARANCE :,J'AMES L. ALLEN, OROVILLE Mr. Allen stated that he has found the counter people in Public Works to be helpful.He cannot say the same for the Public Health Department. In-view of the fact that Proposition I3 has an excellent chance of passing, a suggestion would be to place the inspectors in the field for septic tanks under Public Works. Mr. A11en.stated that he would like to suggest that the assistant to the head of Public Health not be funded. 78-723 CONTINUE WAIVING SECOND READING OF AMENDMENTS TO SUBDIVISION ORDINANCE TO APRIL 18, 1978. The waiving of the second reading and adoption of the ordinance for amendments to the Subdivision Ordinance was continued to April 18, 1978. 78-724 CONTINUE WAIVING OF SECOND READ OF ORDINANCE IMPLEMENTING GOVERNMENT CODE SECTION 27471 (EMBALMING FEES) TO APRIL 18, 1978 The waiving of the second reading and adoption of the ordinance implementing Government Code Section 27471 (embalming fees) was continued to April 18, 1978. 78-725 DISCUSSION AND DIRECTION: GRIDLEY TRANSFER STATION TAKE OVER BY CITY OF GRIDLEY Dan Blackstock, county counsel, stated that he had received a letter from Mr. Millington, attorney for City of Gridley. The City of Gridley is willing to enter into a contract with the County. They have suggested a 99 year lease. If the Board as a policy matter wishes the City of Gridley to operate the transfer station there should be an agreement whereby they will operate the station and hold the county free and harmless. Mr. Blackstock stated that he was asking for direction from the board. Direction to Counsel was as follows: 1. City of Gridley to set their own rates. 2. The contract to be for a term certain subject to cancellation if it ceases to be operated as a transfer station. 3. Proceed with negotiations and bring to a conclusion. 78-726 APPOINTMENT TO THE CITIZENS ADVISORY TASK FORGE FOR THE BUTTE COUNTY GENERAL PLAN HOUSING ELEMENT UPDATE On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Phil Youngdahl was appointed a member to the Citizens Advisory Task Force for the Butte County General Plan Housing Element Update. 78-727 APPOINTMENT TO THE COUNTY EMPLOYMENT TRAINING ADVISORY COUNCIL (CETAC) On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, Mayra Rodriguez was appointed as a member representing the client section to the County Employment Training Advisory Council (CETAC). 78-728 MOTION OF INTENT TO ADOPT ORDINANCE DESIGNATING SHERIFF AS EX-OFFICIO MARSHAL: ADOPT RE50LUTION 78-80 REQUESTING THAT LEGISLATURE CHANGE THE GOVERNMENT CODE TO PROVIDE THAT~THE SHE-RIFF WILL SERVE AS EX-OFFICIO MARSHAL FOR BUTTE COUNTY Clif Mickelson, county administrative officer, stated that there is a provision in the Charter where the Board may designate the Sheriff as the ex-officio Marshall. This would pool together the law enforcement under one agency. The option would be that any deputy could deliver processes. Page 385. April lI, 1978 April 11, 1978 On .motion of Supervisor Richter, seconded by Sugervisor Lemke and unanimously carried, a motion of intent to adopt ordinance designating the. Sheriff as ex-officio Marshal was approved; Resolution 78-80 requesting that the legislature change the Government Code to provide that the Sheriff will serve as ex-officio Marshal of Butte County for the Chico Municipal Court was adopted and the Chairman authorized to sign. 78-729 DISCUSSION: METHOD TO OBTAIN REIMBURSEMENT TO BUTTE COUNTY FOR $10 MILLION WORTH OF ROAD MONIES WITHHELD Supervisor Madigan stated that Butte County has been shorted about $10 million for road monies. The Board should explore the possibility of suing the state for generating revenue. Clay Castleberry, public works director, stated that Los Angeles County has been shorted $720 million for the same period. The state legislature passed a law making a minimum of $1 million. That is what Butte County has received. The problem is that Butte County has no interstate highways. County Counsel was requested to verify the county minimum with Los Angeles County and report back within the next two weeks. 78-730 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Madigan stated that an article in Fortune dated March 31, 1978 shows why the future no longer looks good. It shows the problems industry had had. Ghairman Winston stated that the Board had received a memo from Sheriff Gillick regarding the four wheel drive vehicle for Paradise. Clif Nickelson, administrative officer, stated that the Sheriff did not come out and say he felt it was a critical need and that a four wheel drive would be used. The matter is continued to April 18, 1978 after a meeting with Sheriff and Supervisor Lemke. 78-731 URGE RESOURCES AGENCY TO HOLD PUBLIC HEARINGS RE: SACRAMENTO RIVER ENVIRONMENTAL STUDY On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the Resources Agency was urged to hold public hearings by Huey Johnson in Sacramento on the. Sacramento River Environmental -Study. EXECUTIVE SESSION: The Board recessed at 11:58 a.m. to hold an executve session regarding 1' ga RECONVENE: The Board reconvened at :05 p.m. fo owing an executive session regarding litig tion. Nothing report at this time, ADJOURNMENT There being nothing fur er before the Boar a .this time, the meeting was adjourned at 12:06 p.m. to re n ne n esda , April 18, i 1978 at 9:00 a.m. ATTEST: CLARK A. NELSON, GOUNTY CLE By C.~w ~~' ~j~ Cha n, oard of Supe sors Page 386. April ll, 1.978