HomeMy WebLinkAboutM050978May 9, 1978
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Supervisors Madigan, Moseley, Richter and Chairman Winston. Clif
Mickelson, administrative officer; Dan Blackstock, county counsel, and
Clark A. Nelson, county clerk by Cathy Pitts, deputy e'1erk, Absent:
Supervisor Lemke.
Pledge of Allegiance to the Flag of the United States of America.
Invocation by Supervisor Moseley
78-886 APPROVAL OF MINUTES
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and carried, the minutes of May 2, 1978 were approved as mailed.
78-887 ANNOUNCEMENT BY CHAIRMAN WINSTON
Chairman Winston stated that he is contemplating changing
the agenda for the Board meeting on a trial basis only. Chairman
Winston to meet with the Administrative Officer to determine whether
to move the hearing of individuals up to 9:30 a.m. to allow them to
make their wishes known or to list the communications at 11:00 a.m,
just before the people £rom the audience.
78-888 COMMUNICATIONS
Thomas J. Warner, Santa Barbara. Mr, Warner writes appealing the denial
by the Board of Zoning Adjustment of a variance to allow a
mobile home 48 feet from the center line of Crescent Drive on
property zoned RT-1 located on the southwest corner o£ Crescent
Drive and Del Oro Drive, identified as AP 66-37-3, north of
Paradise. Set for hearing May 23, 1978 at 9:45 a.m,
Arch Marjama, Paradise. Mr. Marjama appeals the Board of Zoning
Adjustment's condition concerning the filing of an additional
parcel map for property located on Elliott and Copeland Roads,
identified as AP 53-I31-83, Paradise. Set for hearing May 23,
1978 at 10:00 a.m,
Jack L, Bailey, Paradise. Mr. Bailey writes requesting an extensian of
time to October 15, 1978 to submit a reclamation plan as required.
in the Surface Mining Ordinance and state law. See motion
following communications.
Carroll E. Miller, Magalia. Mr. Miller writes concerning establishment
of a construction business on the corner of Wyoliff and Skyway
in Paradise Pines. Hold for hearing on May 16, 1978 at 10:00 a.m.
Alice Anderson, Paradise. Ms. Anderson writes concerning the Paradise
Express taxi operation. Information; no action taken.
Butte County Coordinating Council for the Developmentally Disabled.
Linda Halbert, chairperson, forwards her organization`s comments
concerning employment of the handicapped and the access California
project. To be discussed later in the meeting.
Mary H. McCloud, Berry Creek. Mrs. McCloud writes concerning the condition
of her property at 2020 Ithaca Street in the E1 Medio area of
Oroville which is in the Housing and Community Development project
area. Administration Officer to write letter setting out policy.
Page 426. May 9, 1978
May 9, 1978
Gerald N. deRoco, Oroville. Mr. deRoco writes concerning the~necessity~to
obtain a parcel map and go through $-e environmental review process
in developing a 26 acre parcel on Ophir Road, See discussion
following communications.
Butte County Employees Association. The Association sends notice of out
of court settlement with the Auditor. See discussion following
communications.
State Department o£ Water Resources - Reclamation Board. The Department
forwards a proposed "Right 8" agreement between the Sacramento
and San Joaquin Drainage District and the State Department of
Fish and Game with regard to the preservation of wild growth
including trees, shrubs and other vegetation in certain areas.
See motion following communications.
78-889 APPROVE EXTENSION OF TIME TO OCTOBER 15,-1978 - JACK L. BAILEY
FOR SUBMISSION OF RECLAMATION PIAN AS REQUIRED TN THE SURFACE MINING
ORDINANCE AND STATE IAW
Clay Castleberry, public works director, stated thaC the
request for an extension of time on the reclamation plan .,would be
in order. Moat of the present operators were not aware of the ordinance.
Dan Blackstoek, county counsel, stated that there is not
a provision in the ordinance for an extension of time. The ardinance
Calks about reasonable time for an on-going business. The Board has
the enforcemenC of the ordinance.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, an extension of time to October 15, 1978 was approved for
Jack L. Bailey £or submission of reclamation plan as required in the
Surface Mining Ordinance and state law.
78-890 DISCUSSION: REQUIREMENT FOR ENVIRONMENTAL REVIEW PROCESS IN
OBTAINING PARCEL MAP FOR 26 ACRE PARCEL ON OPHIR ROAD FOR GERALD N.
DE ROCO
Discussion of the requirement for environmental review process
in obtaining a parcel map for a 26 acre parcel on Ophir Road for Gerald N
DeRoco was held at this time. This parcel was severed when the county
built a road through the middle of the parcel. A memo from Jim Lawson,
planning director, was given to the board members.
Clay Castleberry, public works director, stated that the
road had environmental review when it was done. The state law says
that a road or street does not separate land.
Dan Slackstock, county counsel, stated that there is a bill
that is being considered that would reverse that statement. Mr. deRoco,
does not need to go through the environmental process to level the land.
He does not need a parcel map for this. I€ he wants to sell, he needs
a parcel map. By the board's rules when a parcel map is filed, it
must go through environmental review.
Gerald deRoco stated that he entered into a contract to purchase
the land. There are two different assessor's parcel numbers. He entered
into a contract to purchase apart of the parcel. He found that it was
not a legal parcel. There was a negative declaration on the road.
That considered the effect on the environment when the road was built.
Page 427.
May 9, 1978
May 9, 1978
The Administrative Officer and County Counsel were urged to
contact the legislators to see some type of legislation to exempt
environmental review processes on a two-parcel split.
78-891 STATEMENT BY JIM COOK, EXECUTIVE DIRECTOR, BCEA REGARDING NOTICE
OF OUT OF COURT SETTLEMENT WITH AUDITOR
', Jim Cook, executive director, BCEA made a statement regarding
the notice of out of court settlement with the Auditor. This is a
', clairification of the BCEA position. The letter from Auditor is very
disturbing, paragraphs one and four. BCEA does not absolve anyone.
BCEA does not exonerate anyone. Mr. Cook seC out the settlement
', agreement as it pertains to Che Auditor agreeing that each and-every
employee of his office will be assigned to the function, task or
responsibility contained within their job classification. Mr. Cook
', stated that in paragraph three of his letter dated May 5, 1978, should
he fail to live up to his respon§ibilities under the terms of the
agreement, the Association will without hesitancy again invoke the
judicial process to prdect the integrity of the system. The personnel
in the Auditor's office are back doing functions like ~heyshould be.
Mr. Johansen and the others are doing work in their classifications.
Supervisor Richter stated that he would like to compliment
', Mr. Cook and the organization in attempting to work out an agreement
', and protect the merit system.
78-892 HOLD MOTION IN ABEYANCE UNTIL MORE INFORMATION IS OBTAINED RE:
STATE DEPARTMENT OF WATER RESOURCES - RECLAMATION BOARD PROPOSED "RIGHT 8"
AGREEMENT BETWEEN THE SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT AND
DEPARTMENT OF FISH AND GAME WITH REGARD TO PRESERVATION OF WILD GROWTH
INCLUDING TREES SHRUBS AND OTHER VEGETATION IN CERTAIN AREAS
It was moved by Supervisor Madigan, seconded by Supervisor Richter
', that a letter be drafted in opposition to the provisions of "Right 8"
', agreement.
Motion discussed.
Supervisor Madigan stated that this is an agreement where
the state can police the natural habitat. The levees stop at the end of the
Butte County line. For nine or ten miles there are-no levees. This is
along the lines where the board asked for a public hearing. The state
wants the property owners to given the right of ways at no cost. The
property owners are willing to lease the land. Supervisor Madigan
stated that this was discussed at the meeting held in Willows with
the Corps of Engineers.
obtained.
Motion to be held in abeyance until more information is
78-893 ADDITIONAL MATTER PRESENTED BY SUPERVISOR RICHTER
Supervisor Richter stated that he had attended a nutritional
meeting in Red Bluff. This was to deal with the problem in the Oroville
area of carrying meals out of the senior citizens nutritional center.
The Oroville area was above the percentage. They were asked for a 120
day extension so Oroville could put together a meals on wheels program.
SUPERVISOR LEMKE PRESENT AT 9:31 a.m.
Supervisor Richter stated that he had attended another meeting
with the farmers. They are very angry about the present legislation
regarding the requirement for herbicide application.
Page 428.
May 9, 1978
May 9, 1978
78-894 PUBLIC HEARING: PATRICK BETTENGER - PETITION FOR VARIANCE TO SECTION
19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOI~PLACEMENT OF A MOBILE HOME
AT 8090 MELVINA STREET PALERMO AP 27-20-65
The public hearing on the Patrick Bettenger petition foz variance
to Section 19-10 and/or 19-12 0€ the Butte County Code for placement of a
mobile home at 8090 Melvina Street, Palermo, AP 27-20-65 was held as
advertised. Lynn Vanhart, Health Department, stated that the petition
was in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the board.
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the petition for variance to Section 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home at 8090
Melvina Street, Palermo, AP 27-20-65 for Patrick Bettenger was approved
for a period of one year.
78-895 PUBLIC HEARING: HOUSING AND COMMUNITY DEVELOPMENT 1979 PREAPPLICATION
The public hearing on the Housing and Community Development 1979
preapplication was held as advertised. Larry Brooks, Administrative Office,
set nut the background of the hearing.
Hearing open to the public. Appearing: Pb one.
Hearing closed to the public and confined to the board.
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the Housing and Community Development 1979
preapplication was approved and the Administrative Officer was authorized
to submit the preapplication to HUD,
78-896 APPROVE EL MEDIO PROPOSAL - REPLACEMENT OF LANDSCAPING AS RESULT OF
ROAD WIDENING AT A COST OF $600 WITH COMMUNITY DEVELOPMENT BUCK GRANT FUNDS
', On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the proposal for replacement of landscaping lost
', as a result of road widening at a cast of $600 with Community Development
', Block Grant funds for E1 Medio was approved.
78-898 ADMINISTRATIVE OFFICER DIRECTED TO WRITE LETTER TO LEGISLATORS
RE: AB 2856 TAX ON SALE OF NEW FARM EQUIPMENT AND USE TAX ON FARM
EQUIPMENT SETTTNG OUT CQNCERNS OF CITIZENS OF BUTTE COUNTY ANA ASKING
LEGISLATORS TO WATCH GAREFULLY AND KEEP THE BOARD INFORMED
Supervisor Richter stated that the farmers have voiced concern
about the requirements for EIRs on pesticide application. There will
be several effects on California agriculture. AB 2856 placing a 10%
tax on sales of new farm equipment and placing a use tax on farm
equipment will also have an~effect on agriculture.
The bill is in abeyance at the, present time. The Governor
has appointed a commission to come up with something.
Administrative Officer was directed to write a letter to
the legislators expressing the concerns of the citizens of Butte County
regarding AB 2856 and asking the legislators to watch carefully and keep
the board informed.
Page 429.
May 9, 1978
', May 9, 1978
', 78-899 REFER REQUEST FOR VARIANCE TO SETBACK REQUIREMENTS ALONG PENTZ
MAGALIA FAS ROAD TO BOARD OF ZONING ADJUSTMENT
', Supervisor Lemke stated that there is a problem in Paradise.
An individual submitted building plans Chat were approved. He did the
land clearing and called for an inspection and found that he was 5 feet
into the 55foot setback.
Clay Castleberry, public works director, stated that this
property is located along Pentz Magalia FAS road.. The Public Works
Department goofed. The property is located below Stearns Road.
The matter is to be referred to the Board of Zoning
Adjustment by the Public Works Department for consideration of a
variance.
78-900 CONTINUED PUBLIC HEARING: S. E. AND GERTRUDE M. STEVENSON - APPEAL
CONDITION 5 OF TENTATIVE PARCEL MAP REQUIRING THE INCREASE TO MINIMUM
', PARCEL SIZE, AP 24-i0-59, TWO LOTS, BETWEEN LARKTN ROAD AND GRIDLEX
AVENUE APPROX. 700 FEET NORTH OF CIARDY AVENUE GRIDLEY
The public hearing on the S. E, and Gertrude M. Stevenson appeal
of condition 5 on a tentative parcel map requiring the increase to minimum
', parcel size, AP 24-10-59, two lots, between Larkin Road and Gridley Avenue,;
approximately 700 feet north of Clardy Avenue, Gridley was held as continued.
Hearing open to the public. Appearing:
1. Mrs. Stevenson. Mrs. Stevenson thanked ;Chairman Winston
for his letter. Mrs. Stevenson set aut the irrigation system on the
property and what would have to be done if the condition were required.
There might be a water problem. Mrs. Stevenson stated that they were
told there would be no problem with the parcel map as submitted.
2. Marian Pinkle. Mrs. Pinkle stated that she had wanted
to buy the property that the Stevenson's were dividing. She is interested
in the 12 acres. If the property were split into five and nine acre
parcels there would be no way to buy the property and operate it economically.
Hearing clo§~d to the public and confined to the board.
Administrative Office to check out allegations regarding
what the Stevenson's were told at the Planning Department and report
back to the board.
On motion of Supervisor. Richter, seconded by Supervisor Lemke
and unanimously carried, the appeal of S. E. and Gertrude M. Stevenson
was denied.
78-901 APPEARANCE: MARY GRIGGS, STATE LANDS COMMISSION RE: SNAGGING ALONG
SACRAMENTO RIVER
Mary Griggs, State Lands Commission, stated that the Commission
is undertaking a snagging operation along the Sacramento River. This
is for hazard removal. Shasta County has been participating in this
operation. This has been a cooperative effort between the county
involved and the Department of Forestry. The Fish and Game is also
involved, as is Water Quality. The Commission takes care of obtaining
the permits. The Department of Forestry is supplying free labor and
are renting their equipment to the county. The county has provided
dump trucks and access to the river and a disposal site. Disposal has
not been a groblem as many of the landowners wish to keep the debris and
have it cut to a specific size. There have been no problems in Shasta
County. The Fish and Game is not objecting to anything that is a true
navigational hazard.unless it is right up against the bank.
Page 43(1. May 9, 1978
May 9, 1978
Clay Castleberry, public works director, stated that the work
should be done. This program should be encouraged.
Joe Bandy, agricultural commissioner, stated that there are
two concerns. There will be residue if the logs and snags are cut up.
If the intent is to burn the residue burning should be completed by
September 1st.
County department heads were instructed to work with the
State Lands Commission on this matter.
RECESS: 10:12 a.m.
RECONVENE: 10:21 a.m.
78-902 APPROVE AUGMENTATION FUNDING TO 1978 EOC BIACK GRANT
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the augmentation funding to 1978 EOC block grant
was approved and the Chairman authorized to sign grant.
78-903 APPROVE PURCHASE OF FILE CABINET FOR HEAR START PROGRAM AT A COST OF
$77.88
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, the purchase of a legal size file cabinet for
the Head Start Program at a cost of $77.38 was approved.
78-904 DISCUSSION: INDEPENDENT APPRAISAL OF PROPERTY AT 2100 OAK PARK AVENUE,
CHICO FOR SENIOR MULTI-PURPOSE CENTER AND PREPARATION OF REVENUE SHARING
PROPOSAL FOR THE PURCHASE OR LEASE OF THE PROPERTY; DISCUSSION OF PREPARATION
OF GRANT APPLICATION UNDER TLTLE V OF THE OLDER AMERICANS ACT TO PROVIDE
$17 328 IN RENOVATION FONDS FOR THE PROPOSED CENTER
Razia Khan, EOC director, stated that the Butte County Senior
Citizens Council had as a priority a senior citizens center. The location
chosen by the council is a multi-purpose building. There are a lot of
things to be considered. There are ten residential units in addition to
space for the senior citizens center. There was a request for the possible
Title V grant for this building. At the present time, the senior citizens
are meeting in the CARD building. There is a legal question involving
the rental units.
Jim Griffith, deputy county counsel, stated that there could
be a legal problem with the rental units. Any purchase by the county
would have to be for public purposes. Before the units could be rented
there would have to be an election of the voters before low income
housing could be acquired, There is a problem o€ the Housing Authority
taking the units over and renting them. They no longer have Section 23
program. The only program they have is under Section 8, If the county
is of the opinion that they want to rent the units, they would have to
enter into competitive bidding to rent the units. This could run into
difficulty.
Clif Mickelson, administrative officer, stated that he was
opposed to the building in view of the fact that the ten rentals would
have to be removed and the cost involved in the removal. The location
is away from the area where the people are. Mr. Mickelson suggested
that the board request staff and the Senior Citizens Council to look
for another possible site.
Staff was requested to reconcile their difference and the
Administrative Officer was authorized to look into the matter for future
consideration of the board.
Page 431.
May 9, 197$
May 9, 1978
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78-905 ADOPT RESOLUTION 78-89: RESOLUTION ESTABLISHING FEES FOR ENVIRONMENTAL
REVIEW. ADOPT RESOLUTION 78-90: RESOLUTION ADOPTING REVISED ENVIRONMENTAL
GUIDELINES
Earl Nelson, environmental review director, stated that the
changes are necessary in the environmental review guidelines to reflect
the change brought about by AB 8$4. This created an amendment to the
State environmental review guidelines. Mr. Nelson commended County
Counsel's office for the cooperation-his office had received.
The changes in fees is to reflect actual working fees for the department.
There will be a request coming to the board requesting that the excess
fees collected be returned to the applicants.
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the following resolutions were adopted and the
Chairman authorized to sign:
Resolution 78-89 - Resolution establishing fees for environmental
review.
Resolution 78-90 - Resolution adopting revised environmental
review guidelines.
78-906 ADOPT RESOLUTION 78-91 IN OPPOSITION TO PROPOSED REGULATIONS
19-002 AND 19-006 STATE DEPARTMENT OF BENEFIT PAYMENTS PROPOSED REGULATIONS
', Bob Crisan, welfare director, set out the background on the
', proposed regulations by the State Department of Benefit Payments.
', The proposed regulations affect, the relationship with the Board of
Supervisors. The first proposed regulation would restrict information
that can be given to the board: that may identify the recipient of aid.
The second proposed regulation is in regards to criminal investigation
for welfare fraud. This would be confidential information.
On rwtion of Sugervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, Resolution 78-91 in opposition to State Department
of Benefit Payment proposed regulations 19-002 and 19-006 was adopted and
the Chairman authorized to sign with copies going to representatives,
senators, and assemblymen.
78-907 APPROVE SPEDY GRANT APPLICATION IN THE AMOUNT OF $300,344 FOR THE
SUMMER PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH FOR THE PERIOD
JUNE 12 1978 THROUGH SEPTEMBER 22 1978 AS RECOMMENDED BY CETAC
On motion of Supervisor Lemke, seconded by Supervisor Richter
', and unanimously carried, the (SPEDY) Summer Program for Economically
', Disadvantaged Youth grant application in the amount of $300,344 for
', the period June 12, 1978 through September 22, 1978 as recommended
by CETAC was approved and the Director was authorized to sign.
', 78-908 PURCHASING OFFICER AUTHORIZED TO DISPOSE OF SURPLUS PROPERTY UNDER
$150 IN VALUE
On motion of Supervisor Richter, seconded by Supervisor Moseley
', and unanimously carried, the Purchasing Officer was authorized to dispose
of surplus property under $150 in value per memo dated May 5, 1978.
78-909 CERTIFY POPULATION TO STATE AND AUTHORIZE LETTER BE SENT TO STATE
', DEPARTMENT OF FINANCE
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, certification of population at estimated 130,118
as of January 1, 1978 was approved and a letter was authorized to be sent
to the State Department of Finance.
Page 432.
May 9, 1978
May 9, 1978
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78-910 APPEARANCE: STANLEY_FORTIER, DURHAM
Mr. Fortier presented leaf samples to the board for inspection.
The Governor's Office has informed Mr. Fortier of the good intention of
monitoring propanil. Mr. Fortier requested that he receive a copy of
any and all communications regarding monitoring of herbicides. The
University of California, Davis is trying to get a monitoring program
set up. The problem is in the county. At the end of this month there
is going to be spraying of rice fields.
The matter is continued until Agricultural Commissioner is
present.
78-911 APPEARANCE: MICHAEL HARRIS PALERMO
Mr. Harris stated that he had appeared before the board on
January 3, 1978 regarding a problem that existed from affluent running
onto his property from a Mr. Simpson's property. There has been no
attempt by Mr. Simpson as far as Mr. Harris can determine to correct
the situation. Mr. Harris had complained many times to the Health
Department.
Supervisor Moseley to meet with Mr. Harris, Mr. Simpson,
Mr. Toussaint, if necessary and Counsel, if necessary to find a solution
to the problem.
78-_912 APPEARANCE: BOB MULHOLLAND, CHICO
Mr. Mulholland stated that he is representing Mr. and Mrs.
Sleeper who would like to hold a spring festival on their property for
raising campaign funds for the Jane Dolan campaign. Mr. Mulholland
asked if the board could waive the $100 fee for the permit to hold the
activity.
Dan Blackstock, county counsel, stated that the Board did not
control political rallies. The only control would be for money making
events other than political events.
78-913 DISCUSSION: HERBICIDE MONITORING WITHIN THE COUNTY
Joe Bandy, agricultural commissioner, stated that there will
be a meeting held on May 17, 1978 to determine the sites for the type
of work that Mr. Chaney and Riddle are doing. The county has nine
sites and are entering into agreements to take samples on the property.
Mr. Sandy stated that he is unable to obligate the University of California.
He met once with a group of specialists-from the university and it is
his understanding that they will;be doing experimental work. The county
wail be doing foilage samples. Until .after the meeting on May 17 the
county will not know what obligations the Department of Food and Agriculture
will make.
Mr, Bandy to sit down with Mr. Fortier and go over the memo
presented to the board and answer questions.
78-914 APPROVE COHASSET COMMUNITY ASSOCIATION INC. CONTRACT IN THE AMOUNT
OF $2,000 TO DEVELOP RELIABLE WATER SOURCE FOR FIREHOUSE AS PART OF
DISTRICT 3 REVENUE SHARING DISTRICT ALLOCATION PROGRAM
-.On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the contract with Cohasset Community Association,
Inc. in the amount of $2,000 to develop a reliable water source for the
firehouse as part of the District 3 Revenue Sharing District Allocation
Program was approved and the Chairman authorized to sign.
Page 433.
May 9, 1978
May 9, 1978
78-915 APPROVE BUTTE COUNTX HUMANE SOCIETY AGREEMENT IN AN AMOUNT NOT TO
EXCEED $14,000 AS PART OF REVENUE SHARING DISTRICT ALIACATION PROGRAM
FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS AT ANIMAL SHELTER OPERATED ON
HUMBOLDT ROAD
', On motion of Supervisor Moseley, seconded by Supervisor Richter
', and unanimously carried, the agreement with Butte County Humane Society
', in an amount not to exceed $14,000 as part of the Revenue Sharing
District Allocation Program for the construction of certain improvements
at the animal shelter operated on Humboldt Road was approved and the
Chairman authorized to sign.
78-916 APPROVE SECURITY TRANSPORT AGREEMENT FOR TRANSPORTATION OF PRISONERS
AS NECESSARY WHICH REFLECTS A 7-1/2% INCREASE FROM PREVIOUS CONTRACT -
COST OF SERVICE IS DETERMINED AT $.29 PER MILE
', On motion of Supervisor Richter, second by Supervisor Lemke
and unanimously carried, the agreement with Security Air Transport for
transportation of prisoners as necessary which reflects a 7-1/2% increase
', from the previous contract with the cost of service determined at $.29
per mile was approved and the Chairman authorized to sign.
78-917 APPROVE ADMINISTRATION BUILDING CONTRACT CHANGE ORDERS 7 8 & 9
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the following contract change orders for the
Administration Building were approved and the Chairman authorized to
sign:
1. Contract Change Order #7 - to add thirteen calendar days
to the construction contract due to rain delays and poor site conditions
', in March.
2. Contract Change Order #8 - to add additional column
reinforcement $1,847, delete a portion of post tensioning no longer
', required $323, and construction of an elevator pit at the first level
of building C, $1,800; in the total amount of $3,324 and adding a kime
extension of one calendar day to the construction contract.
3. Contract Change Order #9 - to cover cost of clay soil
', materials at various locations over the project site which could not
meet soil compaction requirements in the amount of $8,248 and adding
a time extension for the required work of three calendar days.
78-9I8 APPROVE ANNUAL CONTRACT WITH CHI CO STATE UNIVERSITY TO COVER HEALTH
SERVICE AND COUNSELING SERVICES WHEREIN THE COUNTY WILL RECEIVE $1,200
PER MONTH LESS PATIENT REVENUES FROM SEPTEMBER 1 1978 THROUGH NNE 30 1979
', On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the annual contract with Chico State University
to cover health service and counseling services wherein the county will
receive $1,200 per month, less patient revenues from September 1, 1978
', through June 30, 1979 was approved and the Chairman authorized to sign.
', 78-919 APPROVE MEDICAL INDIGENT BILLI'_~GS (14 CASES) TOTALING $12,664.20
AND PAYL~NT IN THE AMOUNT OF $6,001.72: AUTHORIZE TRANSFER OF FUNDS
FROM THE RESERVE
', On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the medical indigent billings (14 cases) totaling
$12,664.20 with payment in the amount of $6,OOi.72 were approved with
transfer of funds from the reserve authorized.
78-920 ACCEPT BIDS BUTTE COUNTY PAIR: AUTHORIZE AGREEMENTS TO BE EXECUTED:
WAIVE REQUIREMENT OF THE BIB BOND, REQUIRED LABOR AND MATERIAL BOND AND
FAITHFUL PERFORMANCE BOND ON ROOFING PROJECT
', On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the bid for the reroofing of the restrooms on
Page 434. May 9, 1978
May 9, 1978
Farmer's Hall by Advanced Roofing, Oroville in the amount of $2,432 was
accepted; the bid of Bowers Painting Service, Gridley for painting of the
structural steel en all livestock barns in the amount of $6,278 was
', accepted; the agreements were authorized to be executed by Chairman;
the requirement of the bid bond, required labor and material bond and
faithful performance bond on the roofing project was waived.
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78-921 APPROVE BUDGET TRANSFERS
', On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, the following budget transfers were approved:
B-183 Supplemental Manpower Program - CETA Title VI. Transfers
$15,000 from professional and specialized services in the administration
portion of the program, with $500 going towards maintenance of equipment
and $14,500 to rents and leases of equipment in order to establish an
appropriation to cover anticipated expenditures for vans to be used in
the U. S. Forest Service project.
B-184 Public Works - Special Transportation. Transfers $25,000
from the Oro-Quincy at Mountain House project and $20,000 from the
Humboldt Bridge project, with $45,000 going to the Foothill Boulevard
at Quincy Highway to Olive Highway project in order to provide an
additional appropriation to cover the cost of the contract awarded
to Robinson Construction Company in the amount of $103,972.
78-922 AUTHORIZE DESTRUCTION OF RECORDS PURSUANT TO GOVERNMENT CODE
SECTIONS 26201 AND 26907.2
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, destruction of the following records pursuant
to Government Code Sections 26201. and 26907.2 was authorized:
1. Payroll records for the period 1973-75 which have been
microfilmed.
2. Deposit permits pricer to 1971-72.
78-923 APPROVE AGREEMENT WITH EDWARD OPATRNY FOR EXCHANGE OF REAL PROPERTY
LOCATED ON DAYTON ROAD AT HIGHWAY 32 REALIGNMENT
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, the agreement with Edward Opatrny for exchange
of real property located on Dayton Road at Highway 32 realignment was
improved and the Chairman authorized to sign,
78-924 APPROVE NEAL ROAD LANDFILL AGREEMENT ADDENDUM WHEREBY COUNTY WILL
REIMBURSE CONTRACTOR FOR OUTSTANDING PREPAID COUPONS ACCEPTED FOR TRASH
DISPOSAL
On motion of Supervisor ,Richter, seconded by Supervisor Madigan
and unanimously carried, the Neal Road landfill agreement addendum whereby
the county will reimburse the contractor for outstanding prepaid coupons
accepted for trash disposal was approved and the Chairman authorized to
sign.
78-925 APPROVE PROPOSAL OF ,TON ANDERSON RE: ROCK CREEK STORM DRAINAGE MASTER
PLAN AND FLOOD DIVERSION PROPOSAL AT AN HOURLY RATE ESTIMATED TO COST
BETWEEN $18,535 TO $24,295; CHAIRMAN AUTHORIZED TO SIGN CONTRACT WITH
FUNDING COMING FROM THE REVENUE SHARING ~OMMtINITY DEVELOPMENT RIND
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the Rock Creek storm drainage master plan and
flood diversion proposal submitted by Jon Anderson at an hourly rate
estimated to cost between $18,535 to $24,295 was approved; Chairman
authorized to sign contract with funding coming from the Revenue Sharing
Community Development Fund. Page 435.
May 9, 1978
May 9, 1978
78-926 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS
Clay Castleberry, public works director, stated that this is
the last week of operation by the county on the Neal Road landfill.
Supervisor Richter stated that there is concern about
Antler Road and the left turns off Midway. Antler does not run
through private property.
Mr. Gastleberry stated that when the industrial subdivision
was approved near Peterson the condition of providing a right of way
Co make the road a through road was required. Mr. Castleberry to
look at the area. The Planning Commission might want to take another
look at the matter.
78-927 APPROVE COUNTY COUNSEL ITEMS
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the following County Counsel items were approved:
i. Waived the second reading of the ordinance amending
Chapter 4 of the Butte County Code relative to a fee for duplication of
dog license tags; adopted Ordinance 1921 and authorized the Chairman to
sign.
2. Waived the first reading of an ordinance amending Section
20»68 and 20-120 of the Butte County Code concerning the extension of
time in filing final subdivision maps and compliance with design standards.
78-928 REAFFTRM HOARD ACT10N REGARDING AGREEMENT WITH CITY OF GRIDLEY
AND COUNTY OF BUTTE FOR OPERATION OF GRIllLEY TRANSFER STATION;:APPROVE
AGREEMENT AND AUTHORIZE SIGNING OF SAME WITH CITY OF GRIDLEY
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the board action regarding operation of the
Gridley transfer station by the City of Gridley was reaffirmed; the
Agreement was approved and the Chairman authorized to sign.
78-929 ADDITIONAL MATTERS PRESENTED BY COUN5EL
Dan Slackstock, county counsel, stated that the meeting on
the task force is set for 1:30 p.m. instead.. of 10:60 a.m. to 2:00 p.m.
There was a meeting with Mr. Minasian regarding Late Madrone and there
will be alternative suggestions coming up. The Board will be hearing
from OWID.
78-930 REPORT TO BOARD RE: STATUS OF BUTTE COUNTY EMPLOYEES AS50CLATION
CIVIL ACTION AGAINST AUDITOR
Bill Lawrence, auditor, stated that the agreement which was
signed with the Butte County Employees Association should justify the
board's withdrawal of the statement that implied that he was guilty.
Chairman Winston advised Mr. Lawrence that Mr. Cook, executive
director BCEA, had made a statement at this morning's meeting. Chairman
Winston stated that speaking as an individual he still thinks there was
a conflict of interest, The conflict of interest statement was contained
in the paragraph that the board had to make their findings from.
Mr. Lawrence stated that whatever the cause for the action,
it has been demonstrated that he was not acting outside of his jurisdiction.
The only way to establish otherwise is through a court trial. Mr. Lawrence
stated that he has no claim. There were no legal costs involved at this
point in time.
Supervisor Richter stated that he voted for the resolution and
stands by it. The BCEA represent~tive_has stated that no one was exonerated.
Page 436. May 9, 1978
May 9, 1978
He was in agreement that it did not exonerate anyone. An agreement has
been reached in the lawsuit.
', Mr. Lawrence explained that the agreement states there has
', been no violation of the merit system. The Grand Jury took the same
approach and closed the case. He does not believe the board's action
has any substance on fraud. He stated that he runs a tight office
and runs it through the law. Mr. Lawrence stated that the board can
bring charges against him, leave the matter as it is.aad he can-bring
', suit, or the hoard can take the action he requestsc
78-931 APPOINTMENTS CONTINUED TO MAY 16 1978
The following appointments were continued to May 16, 1478:
1. Appointment to the Butte County Council of Senior Citizens.
2. Appointment to the Oroville Mosquito Abatement District.
3. Appointments to the Housing and Community Development
Advisory Committee.
78-932 PUBLIC HEARING DATE SET: ERROL HALL TENTATIVE PARCEL M4P, FOUR LOTS,
AP 42-09-06, NORTH SIDE OF HIGHWAY 32, BETWEEN MUIR AND KENNEDY AVENUES,
CHICO: VACATE HEARING DATE SET FOR AUGUST 1 197$ AT 9:45 A M
A public hearing date of May 16, 1978 at 9:45 a.m. was set
for consideration of the continued hearing on Errol Hall, reconsideration
of a tentative parcel map, four lots, AP 42-09-06, north side of Highway 3'2,
between Muir and Kennedy Avenues, Ghico. The public hearing date of
August 1, 1978 at 9:45 a.m, was vacated.
78-933 ADOPT RESOLUTION 78-92: RESOLUTION ESTABLISHING HUMAN (SOCIAL)
SERVICES ADVISORY COMMISSION
Discussion of establishment of a social services advisory
commission was held at this time.
Supervisor Richter stated that he would hape that the board
would reconsider the establishment of the commission and accept the
proposal. An example of the need for such a commission is the letter
chat was received this morning from the Butte County Coordinating Council
for the Developmentally Disabled. The City of Chico Socisi Services
Com~ion_ is not the type of commission that is envisioned fox the county.
Chairman Winston stated that the board would be creating
another layer of government. He depends on the Administrative Officer
and staff for input regarding social services grants. The staff should
be ones to scrutinize the grants so there are not duplications.
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, Resolution 78-92 establishing the Human (Social) Services
Advisory Commission was adopted and the Chairman authorized to sign.
AYES: Supervisors Madigan, Moseley and Richter
NOES: Supervisor Lemke and Chairman Winston
78-934 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Madigan stated that he had received a call from
Bill Attinger who wants to have a proposed future freeway alignment
north of Chico abandoned.
Supervisor Lemke stated that he had received a letter from
Jack Beckett who is submitting his resignation from the Kimshew Cemetery
District at the end of his term in June, 1978.
Fage 437.
May 9, 1978
May 9, 1978
A letter of appreciation is to be sent to Mr. Beckett.
Supervisor Richter set out the problems the Durham Volunteer
k'ire Department is having. There is a problem with dispatching coordination
of fire equipment throughout the county. They want a meeting with the
CEIP, a committee from the Board of Supervisors, the Administrative Office
and the two assemblymen.
Supervisor Richter appointed to meet with the various
departments necessary.
Chairman Winston stated that he had received a letter from
NorCal Center on Deafness asking for a time on the agenda. The
Administrative Office to respond to the letter.
ADJOURNMENT
There being nothing further before the hoard at this time,
the meeting was adjourned at 12:00 p.m. to reconvene on Tuesday, May 16,
1978 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
By l..~C.f~,~(~ ~, V~{.~L.~ ~^ Chairman, Board of Supervisors
Page 438.
May 9, 1478