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June 17, 1980 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) 80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. v Present: Supervisors Dolan, Wheeler, Winston and Vice Chairman Moseley. Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Fitts, assistant clerk to the Board. Absent: Chairman Lemke Pledge of Allegiance to the Flag of the United States of America Invocation by Vice Chairman Moseley 952 DEDICATION OF FREEDOM SHRINE DONATED BY CHICO EXCHANGE CLUB Carl Leverenz, Chico Exchange Club, thanked the Board for accepting the Freedom Shrine. He was happy to see the location of the Freedom Shrine in the new building. i Vice Chairman Moseley thanked Mr. Leverenz for the gift. 953 AMEND MINUTES OF MAY 27, 1980 TO REFLECT ADOPT RESOLUTION 80-114A AUTHORIZING THE WELFARE BI RECTOR TO MAKE APPLICATION FOR CHILD SEXUAL ABUSE TREATMENT PROGRAM GRANT APPLICATION On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the minutes of May 27, 1980, minute order 80-851 was amended to reflect that Resolution 80-114A designating the Welfare Director as Project Director for the Child Sexual Abuse Treatment Program grant applica- tion to CCCJ was adopted. and the Chairman authorized to sign and that the Welfare Director was authorized to sign the contract. ';954 APPROVAL OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the minutes of June 10, 1980 were approved as mailed. ',955 TATEMENTS BY SUPERVISORS WHEELER AND WINSTON Supervisor Wheeler commended Supervisor Winston for his dedication to the county. She knew the tremendous sacrifice and effort Supervisor inston has made to attend the Board meetings. She felt that Supervisor inston was an asset to the people he represents and to the country. Supervisor Winston stated that he appreciated Supervisor Wheeler's comments. He was quite shocked to discover he was one of the unfortunate eople suffering a malignancy. It is under treatment at this time. The eople in Butte County are fortunate to have the medical talent and facilities available to them. He thanked.the many people who had sent cards, letters nd made calls. He was feeling fine. He was glad to be back at the Board eetings. '956 CONSIDERATION OF WAIVING THE FIRST READING OF THE SALARY ORDINANCE AMENDMENT CONTINUED TO JULY 1 1980 Supervisor Wheeler asked that the waiving of the First reading f the salary ordinance amendment be continued. Tom Coleman, BCEA-SEIU Local 22 spoke regarding the proposed alary ordinance:, amendment. He asked for a clarification of that onion of the salary ordinance amendment relative to travel pay. He ould like to know how this effects the department heads. Clif Nickelson, administrative officer, stated that BCEA does of represent department heads. Mr. Nickelson suggested that Mr. Coleman urn his energies to the needs he might identify for the people who he represents. Page 480 ~ June 17, 1980 June 17, 1980 $o- b Mr. Coleman stated he would like to have some clarification. He was under the impression that there was a significant proposal that might be presented to the Board that has a direct effect on the county budget. He was concerned about the budget. Vice Chairman Moseley stated that Mr. Coleman should meet with Mr. Rackerby and Mr. Nickelson on this matter. The item was continued to July 1, 1980. 957 958 959 960 961 962 AUTHORIZE PURCHASE OF FURNITURE - CHICO MUNICIPAL COURT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, purchase of furniture to furnish the second court room, jury room and judge's chamber in the Chico Municipal Court totaling $22,500 with funding coming from miscellaneous revenue sharing was authorized. AUTHORIZE LEASE/PURCHASE ACQUISITION OF XEROX COPIERS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the lease/purchase acquisition of the Xerox copiers was authorized. AUTHORIZE ACCEPTANCE OF SURPLUS VEHICLE - GOLDEN FEATHER VOLUNTEER FIRE COMPANY (CONCOW) On motion of Sugervisor Winston, seconded by Supervisor Dolan and carried, the acceptance of a surplus federal vehicle for use as an emergency squad unit for the Golden Feather Volunteer Fire Company (Concow) was authorized. APPROVE GRAND JURY/BOARD OF SUPERVISORS ANNUAL AUDIT CONTRACT On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the contract with Slover, Roster and Lotspeich of Chico in the amount of $15,500 for the Grand Jury/Board of Supervisors annual audit was approved and the Chairman authorized to sign. ADOPT RESOLUTION 80-128 FOR 1980-81 AB 90 JWENILE JUSTICE SUBVENTION PROGRAM REVISED APPLICATION AND GIVING ASSURANCES OF NONSUPPLANTATION OF COUNTY FUNDS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, Resolution 80-128 for the 1980-81 AB 90 Juvenile Justice Subvention Program revised application in the amount of $363,914 which covers: probation officers, $69,842; juvenile hall counselors, $82,079; administration, $20,715; work furlough, $26,085; victim assistance, $62,779; Bar-O-Boys Ranch, $5,700; home supervision, $55,563; and district attorney, $41,151 and giving assurances of nonsupplantation of county funds was adopted and the Chairman authorized to sign. ADOPT RESOLUTION 80-129 DESIGNATING CHIEF PROBATION OFFICER AS PROJECT DIRECTOR FOR SB 383 OFFICE OF CRIMINAL JUSTICE PLANNING GRANT - VICTIM WITNESS PROGRAM It was moved by Supervisor Wheeler, seconded by Supervisor Dolan that Resolution 80-129 designation the Chief Probation Officer as the project director for SB 383 Office of Criminal Justice Planning grant for Victim W~.tness Program with the grant application in the amount of $66,782 as ~~/`,art of the initial year grant which will add two probation officers wi h funding as follows: salaries, $41,699; benefits, $12,847; operating expenses, $7,509; equipment, $3,127; and travel, $1;600 being adopted' and the Chairman-be authorized to sign:- - - - Page 481. June 17, 1980 June 17,_1980 80- Supervisor Winston stated he fully realized that this program ~ was funded with sources outside the county. This grant is talking about five more employees. There are many programs that are duplications of effort. He objected to the future increase of government. The people have said they do not want an increase in goverment. Clif Nickelson, administrative officer, stated that the funding is coming from the state. If the county does not apply for these funds, they will be used for some other county. Wally Herring, chief probation officer, stated this was not a duplication of programs. The source of funding for this program is from people convicted of crimes. This would be the addition of two persons to assist victims. He saw the program as a long term program if the funding is available. The program would only last as long as the funding is available. The employees working on the program are aware that if the funding is not longer available, they will be layed off. This program allows their office to work with victims of crimes. This money is in addition to the mores that come into the General. Fund. Vote on motion: AYES: Supervisors Dolan, Wheeler and Vice Chairman Moseley NOES: Supervisor Winston ABSENT: Chairman Lemke Motion carried. 963 ADOPT RESOLUTION 80-130 WHICH WILL TRANSFER THE WARRANT SIGNING DUTIES OF THE COUNTY AUDITOR TO THE SUPERINTENDENT OF SCHOOLS On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, Resolution 80-130 which will transfer the warrant signing duties of the Couaty Auditor to the Superintendent of Schools in accordance with Education Code Sections 1604, 42649 and 85265.5 was adopted and the Chairman authorized to sign. 964 DETERMINATION OF APPROPRIATE METHOD OF COVERING UNBERFINANCING OF COUNTY SERVICE AREA 53 (UPPER RIDGE FIRE PROTECTION) FOR 1979-80 AND DISCUSSION OF APPROPRIATE FUNAING PHILOSOPHY TO BE USED IN FUTURE YEARS - CONTINUED TO JUNE 24, 1980 Determiniation of appropriate method of covering underfinancing of County Service Area 53 (Upper Ridge Fire Protection) for 1979-80 and discussion of appropriate funding philosophy to be used in future years was continued to June 24, 1980. 96 BUDGET TRANSFERS CONTTNUEA TO JUNE 24 1980 - DISCUSSION OF FINANCES It was moved by Supervisor Dolan, seconded by Supervisor Wheeler that the following budget transfers be approved: B-214 - Building and Grounds Maintenance. Transfers $150 from maintenance of structures to structures and improvements in order to provide a budgetary appropriation to purchase a needed bicycle rack for the Administration Center. B-2~.5 - Building and Grounds Maintenance. Transfers $14,500 from regular salaries and wages; with $10,000 going to extra help, $2,000 to household expense 'an3$2,500 to transportation and travel. The transfer is necessary to cover a budgetary deficiency in extra help utilized to provide coverage for vacant regular help positions and also to cover current budgetary deficiencies and to provide an appropriation for the balance of the fiscal year in the other accounts. Page 482. June 17, 1980 80- 3 Ju_ne17, 1_980 _____ B-216 - Fire Protection. Transfers $200 from household expense to structures, improvements and grounds in order to provide an appropriation to cover the unanticipated costs of construction of a wheel chair ramp and a fence at the North Chico Fire Station. B-217 - Sheriff-Coroner - Patrol Division. Transfers $42,800 from revenue sharing miscellaneous expense; with $15,000 going to extra help, $10,000 to overtime, $7,000 to maintenance of equipment, $2,800 to office expense and $8,000 to special department expense. The transfer is necessary to c over the purchase of bulletproof vests in the amount of $7,500 from special department expense and the other transfers are necessary to cover existing budgetary deficiencies and to provide an appropriation for the balance of the fiscalyear. B-218 - Rrobation (AB 90 -- AB 3121 costs). Transfers $600 from regular salaries to transportation and travel in order to cover current budgetary deficiencies and to provide an appropriation for the balance of the fiscal year. B-219 - Supplemental Manpower Program. Provides an additional appropriation of $350,000 to cover wages paid to CETA Title II-B partic- pants paid through county payrolls. Funding is from federal aid - manpower-programs. B-220 - Building and Subdivision Inspection. Transfers $2,000 from overtime within the Building Inspection Division to office expense within Building and Subdivision Administration; and within the Building Inspection budget transfers $3,000 from extra help to maintenance of equipment. The purpose of this transfer is to cover existing budgetary deficiencies and to provide an appropriation for the remainder of the fiscal year. B-221 - Gridley Justice Court. Transfers $220 from overtime to transportation and travel in order topYOVide an additional appropriation to cover the necessary travel costs related to the court operation. B-224 - Biggs Constable. Transfers $450 from the reserve to transportation and travel in order to provide an additional budgetary appropriation to cover unanticipated expenses for the serving of legal documents and traveling to other courts within the county. B-225 - Supplemental Manpower Programs. This is a multiple page budget transfer confirming actions taken by the Board in previous meetings of May 15, 1979, Minute Order 79-814; June 26, 1979, Minute Order 79-1060; July 10, 1979, Minute Order 79-1124; December 18, 1979, Minute Order 79-2011; and March 4, 1980, Minute Order 80-330. The purpose of this transfer is to allocate $5,201,769,69 to CETA programs through September 30, 1980 and to also reallocate $2,210,501.97 to deobligated funds from prior CETA programs. Total amount of the transfer is $7,412,271.66. B 226 - Public Works Road Construction - Clearing. Transfers $19,126 from the Table Mountain Bridge construction. contingencies to the Sacramento Avenue project in order to increase the appropriation to cover the cost of the contract of $179,129. B-227 - Public Works. Recognizes unanticipated revenue of $702,800 from local assistance, 169.1 funds; $26,200 from the bridge replacement grant; and $48,000 from contributions from private parties. Also recognizes a decrease in anticipated revenue of $125,000 from federal aid safer off systems. The transfer also appropriates the revenue funding Page 483. June 17, 1980 June 17, 1980 g0- for the Foothill Boulevard project, $100,0001; Skyway overlay project, 3 $150,000; and the Table Mountain Bridge project for a total of $402,000. B-228 - Sheriff-Coroner. Transfers $9,000 from the food account within the _..incarcer~tion budget; with $2,000 going to overtime and $1,000 to office expense within the ,.incarceration budget; increases office expense in the amount of $1,000 in the investigation budget; and increases office expense, $1,000; professional and specialized services, $3,000; and transportation and travel, $1,000 within the services division budget. The purpose of these transfers is to cover existing budgetary deficiencies and to provide an appropriation for the balance of the fiscal year. B-229 - Federal Revenue Sharing - Plant Ac ui~c _sition. Transfers $22,500 from miscellaneous projects - unallocated appropriation; thereby increasing the appropriation for the Chico Municipal Court building remodel in order to cover the cost of necessary furniture and equipment for the second court room being added as part of the remodeling project. VOTE ON MOTION: AYES: Supervisors Dolan, Wheeler and Vice Chairman Moseley NOES: None ABSENT: Cha~:rman Lemke ABSTAINING: Supervisor Winston Motion failed. Jim Johansen, auditor, spoke regarding the county's financial status at this time. It is not as disasterous since Proposition 9 did not pass>. The picture is not good. The proposed budget indicate the original figures that were pr'cseri"ted =in January were::reasonablyaccurate. Clif Nickelson, administrative officer, stated that throughout the year his office has been very frugal in approving purchases of equipment the Board had budgeted for. They are holding positions for administrative review. They have generated a healthy carry over balance. Mr. Johansen stated that if all the figures were correct and anticipating a 9% increase in salaries and a 10% increase for inflation with a $2 million contingency they would be $700,000 short of funding the budget. The budget transfers were continued to June 24, 1980. 966 (ADOPT RESOLUTION 80--131 AUTHORIZING PREPARATION OF APPLICATION FOR 1980-81 STATE DEFERRED PAXMENT REHABILITATION LOAN PROGRAM: APPitOVE CONTRACT WITH CONNERLY & ASSOCIATES FOR PREPARATION OF APPLICATION 967 On motion of Supervisor Wfieeler, seconded by Supervisor Dolan and carried, the contract with Connerly & Associates for preparation of an application for the 1980-81 State Deferred Payment Rehabilitation Loan Program in the amount not to exceed $1,000 was approved; Resolution 80-131 authorizing preparation of the application was adopted and the Chairman authorized to sign said contact and resolution. APPROVE WEATHFRIZATION PROGRAM CONTRACT AMENDMENT: ~GAE1) On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the contract amendment to the Weatherization Program contract to extend the contract from June 30, 1980 to December 31, 1980 was approved and the Chairman authorized to sign. Page 484. June 17, 198p Jude 173 ~.9~0_ 80_ 968 APPROVE CHANNEL ONE DRUG ABUSE PREVENTION PROGRAM CONCEPT AND DIRECTED a. STAFF TO INITIATE PROCESS WITH .OTHER AGENCIES INVOLVED: AUTHORIZE PREPARATION OF RE UEST FOR FUNDS (CAA) Discussion of the Channel One Drug Abuse Prevention Program concept held at this time. Ted C1emm, Drug Counseling and Referral, spoke regarding this program. This program is to work with private sector to develop a program for Gridley. This would be a one time funding of $10,000. The program would continue based on the communities participation after that money had been expended. This funding is from a private source. There are only five programs like this in the nation. They are trying to move into the community for help with these types of programs. There are no government moneys involved in this program. Supervisor Winston stated that this type of program is being for the City of Oroville. Mr. Clemm stated that the difference between the program in Oroville and the one being proposed is that this program is paid far from the private sector as opposed to the public sector. Other big >usinesses are buying into these types of programs. Supervisor Winston stated that he consistenly resisted programs that represent duplication of effort when there are other programs. He felt the program being offered was already being offered through the drug abuse program in Butte County. Mr. Clemm stated that this was a preventative program. The program in San Bernardino County has been going on for one year. Lt is aself-sustaining program. On"motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the Ghannel One Drug Abuse Prevention Program concept which is a cooperative effort between the Prudential Insurance Company and the Vational Institue on Drug Abuse and a local community was.agpraved; staff aas directed to initiate the process with the other agencies involved; and the preparation of the request fox funds of a one time grant of $10,000 for a rural demonstration project in 1980-81 for Gridley was authorized. AYES: Supervisors Dolan, Wheeler and V3:Ee'Chairmari.Moseley. [DOES: Supervisor Winston. ABSENT: Chairman Lemke 969 PUBLIC HEARING DATE SET A public hearing date of July 8, 1980 at 10:00 a.m. was set for consideration of Barry Rockwell petition for variance to sections 19-10 and/or 19-12 of the Butte County Code far glacement of a mobile home on AP 65-206-12, 195 Evergreen, Magalia area. Zoning: "RT-19" 970 APPROVE RENEWAL OF VARIANCE On motion of Supervisor Wheeler, seconded by Supervisor Winston and carried, the following renewals of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home us~eapproved: 1. Robert and Lois Drumm, AF 27--04-050, Sam Lynn Way, Oroville area. Zoning: "A-5" 2. Edgar C. Norwood, AP 28-13-24, Bangor Park Cutoff Road, 0. Box 65, Bangor. Zoning: "A-5" 3. Reginald Stevens, AP 36-32-23, 4115 Foothill Blvd, Oroville area. Zoning: "A-5" Page 485. ~ June "17, 1980 June 17, 1980 g0- 971 APPROVE 1980-81 CHILD HEALTH AND DISABILITY PREVENTION PROGRAM PLAN AND y PRELIMINARY BUDGET FOR SUBMISSION TO THE STATE On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the 1980-81 Child Health and Disability Prevention Program plan for submission to the State Department of Health Services and preliminary budget includes basic administration for the Health Department in the amount of $63,202 which is entirely state funded and a federally mandated early and periodic screening, dfagnostic and treatment (EPSDT) component in the amount of $21,592 (federal, $14,305; state, $6,690; and county share, $597) was approved and the Chairman authorized to sign. 972 APPROVE 1980-81 FAMILY PLANNING CONTRACT Dr. Svihus, health director, set out the background of the Family Planning contract at this time. The Board has received information relative to the figures on the program. This program is paid for by state and federal funding. Many of the people on family planning axe not on welfare. It is a welfare prevention program. This contract covers the physical examinations and medication. This program is an alternative to abortion. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the 1980-81 Family Planning contract (No. 80-63727) with the State Department of Health 5erviees in°the.:amount of $63,000 which represents lO0% state and federal funds was approved and the Chairman authorized to sign. AYES: Supervisors Dolan, Wheeler and Vice Chairman Moseley. NOES: Supervisor Winston ABSENT: Chairman Lemke RECESS: 9:57 a.m. RECONVENE: 10:10 a.m. 973 974 CONSIDERATION OF AGREEMENT TO PURCHASE TAX DEEDED LAND - LAKE MADRONE WATER DISTRICT, AP 62-14-27 & AP 62-14-35 (PORTION OF AP 62-14-34) - CONTINUED TO JUNE 24, 1980 FOR REPORT FROM PUBLIC WORKS DIRECTOR Consideration of the proposed agreement with the Lake Madrone Water District for purchase of tax deeded land, AP 62-14-27 and AP 62-14- 35 (portion of AP 62-14-34) at a price of $100 per parcel was continued to June 24, 1980 for a report from the Public Woxks Director as to the location of the property. PUBLIC HEARING: KATE ARCHULETA - APPEAL OF SUBDIVISION VIOLATION COMMLTTEE'S CONDITIONAL CERTIFICATION OF COMPLIANCE TO PROVIDE A 60 FOOT ACCESS TO PROPERTY, AP 71-05--49, ONE MILE 80UTH OF SUCKER RUN ROAD, OFF OF LUMPKIN ROAD, FEATHER FALLS AREA The public hearing on Kate Archuleta appeal of Subdivision Violation Committee's conditional certification of compliance to provide a 60 foot access to property, AP 71-05-49, one mile south of Sucker Run Road, off of Lumpkin Road, Feather Falls area was held as advertised. Clay Castleberry, public works director, set out the background of the appeal. Based on the information received, he recommended that the Board sustain the appeal. Hearing open to the public. Appearing: John Luvaas, representing Mr. Archuleta. Mr. Luvaas stated that Mr. Archuleta would like to obtain a certificate of compliance so he may get an electrical permit. The property has been in the family since the 1800s. There are very few homes in the area. Mr. Archuleta would like to put a mobile on his property. Mr. Archuleta would be agreeable to having a note placed on the map that no further subdivision could be done on the property. This land has been crossed for 100 years. In order to get a recorded access, it would be necessary to survey a mile of road. Page 486. June 17, 1980 June 17, 1980 S0-: Hearing closed to the public and confined to the Board. ~ On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, based on the recommendation of the Director of Public Works, the appeal of Kate Archuleta of the Subdivision Violation Committee's conditional certification of compliance to provide a 60 foot access to property, AP 71-05-49, one mile south of Sucker Run Road, off of Lumpkin Road, Feather Falls area was upheld. 975 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION CONSIDERATION OF PROFOSED NEGATIVE DECLARATION AND AMENDMENT TO BUTTE COUNTY GENERAL PLAN, HOUSING ELEMENT - CONTINUED TO JULY _1, 1980 AT 11:30 A.M. The public hearing on the Butte County Planning Commission consideration of proposed negative declaration and amendment b€ Butte County General Plan, Housing Element was held as continued. Bettye Blair, planning director, stated that the hearing had been continued waiting input from the Housing and Community Development Department of the State of California. The comments have not been received as of this time. She asked that the hearing be>continued~for one week so that the comments can be received. She talked to the state department regarding a continuance for the adoption of the element. She will be asking for another extension and see what would happen if the Board did not adopt the element by July 1, 1980. Hearing open to the public. Appearing: No one. The hearing was continued to July 1, 1980 at 11:30 a.m. 97b APPROVE PUBLIC WORKS ITEM5 On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the following Public Works items were approved: 1. Accepted the improvements for Normandy Gardens Subdivision; authorized release of performance and labor and materials bonds and began the one year maintenance period. 2. Approved the agreement with the State of California covering the acquisition of that portion of the Southern Pacific Stirling City branch line railroad between Milepost 189.0 (near Butte Creek) and Milepost 196.2 (Paradise town limit line) which provides $25,000 from the state abandoned railroad account to the county and also authorizes the county to negotiate the acquisition with the appraisal for the rail line of 101.25 acres being $25,000 and the Chairman authorized to sign. 3. Approvid the following subsidized taxi system ticket interchange program which will allow for the acceptance and reimbursement of any subsidized taxi ticket collected :regardless of the city in which the ticket was purchased and the Chairman authorized to sign: a. Gridley b. Chico "c. Paradise d. Oroville 977 APPROVE AM~DTDMENT TO 1980-81 SB 325 TRANSIT CLAIM, TICKET INTERCHANGE PROGRAM: APPROVE 1980-81 CHICO CLIPPER CONTRACT AMENDMENT On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the following was approved: Page 487.., June 17, 1980 June 17, 1980 80- 1. Agproved the amendment to the county~s SB 325 transit b claim requesting an allocation of $2,000 to temporarily fund the. ticket interchange program. 978 2. Agproved the 1980-81 Chico Clipper contract amendment which extends the contract through the 1980-81 fiscal year and provides for contractor reimbursement of $3.10 per ticket effective July 1 (increase of 50fi) with patron fare for county residents to be increased from 65C to 804 and city fares increasing from 50p to 65~ and the total subsidy required is $62,000 utilizing a combination of SB 325 and general fund monies and the Chairman authorized to sign. WITH PARROTT RANCH COMP Clay Castleberry, public works director, set out the background of the proposed lease agreement with Parrott Ranch Company for the Neal Road landfill. The county purchased a 77 acre site for disposal from Parrott Ranch Company. One of the conditions of the sale was that the county would sell the property back at the same price as was purchased for. The company wanted the property back. The cost is $7,700 or $100 per acre. The county has negotiated a lease for an additional 23 acres for space for leach ponds. Part of the lease is the quit claiming of the 77 acres back to Parrott Ranch Company~ahich would put the true cost on the 23 acres. It appears the site will last until 1988 or possibly until 1993. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the lease agreement with the Parrott Ranch Company covering 23.61 acres of land below the present Neal Road landfill at a cost of $1 per year was approved for 15 years subject to several conditions including: quit claim the original 77 acres back to the Parrott Ranch Company after the county is finished with the land; Parrott Ranch Company would pay the county the amount paid for the land several years ago; additional land to be finished and seeded to native grass upon completion; and county to pay taxes on property under lease with present taxes being $42.71 was approved and the Chairman authorized to sign. 979 PUBLIC WORKS TO BRING BACK CONTRACT RE: NEAL ROAD LANDFTLL GATE FEE INCREASE AND CONTRACT EXTENSION OF OPERATION TO 1958 Clay Castelberry, public works director, stated he would like to bring back a contract for the Neal Road landfill that would extend the operation to 1988. He is also proposing an increase in the gate fees as per the report that came to the Board from the operator. He was requesting that the fees be raised but not raised for another 60 days to allow other people to get their businesses in order. Public Works Director to bring back the contract for the extension of operation of the Neal Road landffll until 1988 and increased gate fees. 980 AWARD BID - SACRAMENTO AVENUE (GLENWOOD AVENUE TO GRAPE WAY) PROJECT 454123-79-1 On motion of Supervisor Dolan, seconded by Supervisor Wheeler & carried the bid for the Sacramento Avenue (Glenwood Avenue to Grape Way) Project 454123-79-1 was awarded to S. M. Phillips in the amount of $179,000; the Chairman authorized to sign the contract; and BCAG was asked to transfer $19,126 from the Table Mountain Bridge Project. 981 AWARD BID - BICYCLE PATHWAY CROSSTNG AT SOUTHERN PACIFIC RAILROAD, PROJECT N0. BP 78-1 On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the bid for the bicycle pathway crossing at Southern Pacific Railroad Project No. BP 78-1 was awarded to Ferrante Construction Company Page 488. June 17, 1980 June 17, 1980 g0- in the amount of $26,378; the Chairman authorized to sign the contract; and 3 BCAG was requested to transfer $3,533 from the bicycle and pedestrian fund. 982 ADDITIONAL MATTERS PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, stated he was suggesting that the people apply for a building permit in Paradise starting today. He has been able to cut back on his work force by five or six people by frugal planning and the Paradise incorporation. Mr. Castleberry stated that he had a red tape problem for a person in Paradise Pines. The Board authorized a blank certificate of compliance for some of the people who split lots some time ago'. This person split the property prior to the blanket approval. It is the South 1/2 of Lot 448, Firhaven Subdivision. He asked that the Board authorize approval of the certificate of compliance and authorize the refund of the fees paid. Dan Blackstock, county counsel, questioned the procedure. If someone wants a certificate of compliance the code tells them where to go to get it. t is not directed to the Board. He did not see why the committee could~iot operate as fast as the Board. He felt•the Subdivision Committee should be the proper place to take this item. Under the code provision the Board cannot act on this matter. Public Works to take the item to the Subdivision Committee for action. Supervisor Moseley presented a petition from Mr. Jackson regarding road names on Pentz Road to the Public Works Director. 983 PUBLIC HEARING: GARY G. SIEKMAN - APPEAL OF SUBDIVISION VIOLATION COMI~ffTTEE'S CONDITION N0. 1 ON APPLICATION FOR DETERMINATION, AP 47-03-39, PROPERTY LOCATED SIX MILE5 WEST OF STATE HIGHWAY 99, ONE FOURTH MILE NORTH OF CANA HIGHWAY, NORD AREA The public hearing on Gary G. Siekman appeal of the Subdivision Violation Committee's condition No. 1 on application for determination, AP 47-03-39, property located six miles west of State Highway 99, one fourth mile north of Cana Highway, Nord area was held as advertised. Clay Castileberry, public works director, set out the background of the appeal. The parcels were created through the dividing of an estate by the court that did not have a copy of the county ordinance regarding the 60-foot access. There is 30--foot access to the property in question. The person does not have the right of domain to acquire right-of-way. The Board could approve this subject to the fact there would be no further division. Hearing open to the public. Appearing: Hogan Matthews, representing Mr. Siekman. Mr. Matthews stated that Mr. Siekman purchased the property through a series of sales through Mr. Howard. There is a 60-foot access to the Howard Ranch. There is only 30-foot access on the Cana Road. The applicant has tried to obtain the additional 30-foot of access. He is unable to obtain the right-of-way. Mr. Siekman has not intention of subdt~vidng:~d~.e~ ganpeity. This is an almond orchard. The septic tank has been put in. They are unable to have electricity on the property because there is no building permit. Hearing closed to the public and confined to the Board. On motion of Supervisor Dolan, seconded by Sugervisor Wheeler and carried, the appeal of condition No. 1 on application for determination, AP 47-03-39, property located six miles west of State Highway 99, one fourth mile north of Cana Highway, No~d''~~ea was upheld finding 30-foot access is sufficient. Page 489. June 17, 1980 - - - _ _ - _ _ _ _ _ =June 17 , 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80~ 984 985 986 A public hearing date of July 8, 1980 at 10:15 a.m. was set for consideration of Debbie Ray Stolp rezone from "AR-5" (agricultural residen- tial - 5 acre parcels) to "AR-MH-3" (agricultural residential mobile home - 3 acre parcels),-property:-located on the northwest corner of Schott Road and Highway 32, identified as AP 63-19-05, Forest"Ranch (item not subject to environmental review). SUPPORT AB 1448 RELATTVE TO CERTIFICATION OF GENERAL PLAN On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried; AB 1448 was supported and staff was directed to author letters to the Assembly Ways and Means Committee and the Assemblymen Chappie and Statham and Senator Johnson. APPROVE AGREEMENT WTTH CALIFORNIA WATER SER'V'ICE COMPANY AND DEPARTMENT OF WATER RESOURCES Dan Blaustock, county counsel, set out the agreements with California Water Service Company and Department of Water Resources at this time. There are two contracts, one which is an amendment relative to the state agreement amendment with California Water Service Company. This reduces the water from 1,000 acre feet. The agreement commences this year through 1990. The amount will go to 1,200 acre feet per year in 1991. The county will be back in the business of 20,000 acre feet per year. He has received an inquiry from an individual in Cherokee regarding receiving water. California Water Service is paying for more water than they are able to sell. This agreement will give them some relief. On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, the agreement with California Water Service Company and the amendment 8 to the water agreement with Department of Water Resources were approved and the Chairman authorized to sign. 987 APPOINTMENTS TO THE PARADISE CEMETERY DISTRICT On motion of Supervisar Winston, seconded by Supervisor Dolan and carried, the following were appointed to the Paradise Cemetery District: Mabel Steinegger Vera Whetstone 988 989 990 APPOINTMENT TO ASSESSMENT APPEALS BOARD - CONTINUED TO JUNE 24 1980 The appointment to the Assessment Appeals Board was continued to June 24, 1980. APPOINTMENTS TO THE BUTTE COUNTY SENIOR CITIZENS COUNCIL: APPOINTMENT TO DISTRICT {~2 CONTINUED TO JUNE 24 1980 On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, Catherine Bosredon was appointed to the Butte County Seniox Citizens Council, District 4~1. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, Joe Furdas was appointed to the Butte County Senior Citizens Council, District ~~4. The appointment to the Butte County Savior Citizens Council, District ~~2 was continued to June 24, 1980. FORMATION OF COMMITTEE TO REVIEW THE LAND DEVELOPMENT PROCESS - CONTINUED TO JUNE 24, 1980 Formation of a committee to review the land development process was continued to June 24, 1980. Page 490. June' 17, 1980 June 17, 1980 80- 991 COMMCTNICATIONS ~ Jay B. Stott, Chico. Mr. Stott writes appealing the proposed assessment of his property and inclusion in the Sacramento Avenue Assessment District No. I. .Referred to the hearing to be held on July 1, 1980. aglas Johnson, Santa Cruz. Mr. Johnson writes requesting Board support of Assembly Bill 2947. Continued to June 24, 1980. . and Mrs. Otto Kaiser, Chico. Mr. and Mrs. Kaiser write thanking the Boaxd for installation of stoplights at the intersection of Pillsbury and East Avenues in Chico and their opposition to a proposed sewer assessment district in northeast Chico. Information; no action taken. ota Club of Chico, Inc. The organization writes in support of construc- tion of a new library facility in Chico. To be considered at budget time. Arroyo Federated Women's Ciub of Chico. The organization writes in support of the construction of a library in Chico. To be considered at budget time. Chico Visitor and Convention Bureau. The bureau writes requesting Board consideration of an allocation of $8,920 in revenue sharing fund~r: To be considered at budget time. County of Plumas. Plumas County Board of Supervisors writes advising of a land for timber exchange in the Little Grass Valley Reservoir area and seeks input from the Board. Information; no action taken. Chico Area Recreation and Park District. The district writes on behalf of the Special District Advisory Committee wzth regard to Board Resolution 79-248 relative to the exchange of property tax revenue to special districts. Discussed; Administrative Office, County Counsel and Supervisor Wheeler to meet with special district group regarding this matter. Administrative Office to set meeting up. O'Reilly, Christison & Hodik, attorneys at law. The attorneys, on behalf of Industrial Indemnity Company submit a notice of claim for damages as a result of an incident occurring on March b, 1980 at the intersection of Om Dam Boulevard and Acacia. See motion following communications. Richard H. Svihus, Director of Public Health. Dr. Svihus forwards the annual inspection of the Butte County jail facilities. Information; no action taken. Lake Madrone Water District. The district writes requesting the Board to reconsider its previous action with regard to improvements to the Lake Madrone Dam. Continued to June 24, 1980. City of Orovilie. The city writes asking that the Board consider the Oroville Kelly Ridge area in the county wide subsidized transportation plan and also to consider funding for the transportatio: of persons not requi-ring ambulance service but needing medical attention. Discussed; no action taken. Federal Energy Regulatory Commission. The commission forwards information and requests comment for amendment of license for South Fork Project No. 2088 to permit construction of the Sly Creek pvoerhouse to be located->.on Lost Creek. Referred to Counsel for report back. Page 491. June 17, 1980 80- 992 993 June 17, 1980 _ _ _ S. Department of Labor.- The department writes in follow-up to the Board's letter and position concerning the establishment of a Private Industrial Council. Information; no action taken. Charles & A1eha Redeker, et al. Several letters: and a petition have been received appeali~,g the Advisory Agency's approval of Allied Developers (Robert Draper) draft environmental impact report and Swedes Flat tentative subdivision map, 44 lots, AP 72-29-2b and AP 72-31-19, 4 & 5, west of Black Bart Road in Swedes Flat area, east of Oroville. Set for hearing July 8, 1980 at 10:30 a.m. REJECT CLAIM - INDUSTRIAL INDEMNITY COMPANY On motion of Supervisor Wheeler, seconded by Supervisor Winston and carried, the claim of Industrial Indemnity Company for damages as a result of damages as a result of an incident occurring on March 6, 1980 at the intersection of Oro Dam Boulevard and Acacia was rejected and referred to County Counsel and Risk Management Coordinator. AUTHORIZE PUBLIC WORKS DIRECTOR TO LEND STATE OF CALIFORNIA CHIP SPREADER ~''OR PROJECT Clay Castleberry, public works director, stated the State of California has a project going on at this time and some of their equipment has broken down on the project. They have asked that the county lend them a chip spreader. The equipment would be operated by one of their operators. Mr. Castleberry was authorized to lend the state a chip spreader. 994 DIRECT PLANNING COMMISSION TO HOLD A HEARING ON THE REZONE FOR JAMES PARR AND RO$ERT TERRILL Russ Croninger, Ringel and Associates, stated that James Parr and Robert Terrill wrote a letter to the Board appealing a General Plan denial by the Planning Commission. County Counsel has said they could not appeal a denied General Plan change. He asked for clarification of the Planning Commission's denial. Mr. Croninger set out the events that led to the hearing before the Planning Commission. Mr. Parr and Mr. Terrill had applied for a rezone. This rezone conformed to the General Plan in 1978. After the adoption of the Land Use Element of the General Plan the project was considered inconsistent with the General Plan. The property is in the open grazing classification. The application for rezone is for "TM-10T'. The property is delineated on the map as open and grazing. Dan Blackstock, county counsel, stated that the Board is not just considering the map, they are also talking about the goals and policies. Here is a problem of using the map instead of the goals and policies. There is no project before the Board at this time. If a party has paid the fees they are entitled to a hearing on the application. The county departments get into a problem from an administrative standpoint. Even though the departments know a project has to be denied, the applicant has the right to a hearing. The applicant can be heard on the rezone request. If it is appealed the Board can then hear the matter. Just because the application was in the wrong part of the map does not mean it is incompatible with the code sections. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the Planning Commission was directed to hold hearing on the rezone request by James Parr and Robert Terrill. Page 492. June 17, 1980 June 17, 1980 80- 995 Pi3BLIC HEARING: HAUVEY WEIDMAN - APPEAL D$NIAL OF SEPTIC SYSTEM PERMIT, b AP 71-06-9 COHASSET STAGE CHICO The public hearing on Harvey Weidman appeal denial of septic system permit, AP 71-06-9, Cohasset Stage, Chico was held at this time. Bettye Blair, planning director, set out the background of the peal. Mr. Weidman was denied aseptic tank permit. The property is 240 acre parcel in the'~'R-10" and "E'R-160" zoning districts. The plication was submitted in May, 1980. Ms. Blair read section 1 of e "FR" zoning district requirements regarding single family dwellings. ere is a request for more than one septic tank system. Hearing open to the public. Appearing: Harvey Weidman. Weidman stated that there is 160 acres in the "FR--160" zoning and acres in the "x'R-10" zoning. Dan Blackstock, county counsel, stated that what he and three .her people wanted to do was own property as tenants in common. There is intent to split the property. There could be problems with this type ' situation. In the event of divorce or death and there•is a need to X11 the property, it would be necessary to file a map. He also pointed .t that a number of people have been prosecuted for violarion of the map t. If the Board allowed the placement of aseptic tank this would not cessarily approve a map in the future. He could be in a position of .wing a parcel of ground he could not use and could not sell. There uld be a conflict in the future. This is the reason the Board has had policy to divide a parcel of ground for each single family dwelling. Ms. Blair stated that in the past the Board allowed more than ne dwelling on a parcel by using the affidavit. The Board then directed toff that with the exception of the "A-2" zoning and multi-family oning they were talking about one dwelling per parcel. The code is learly stated in all zoning districts except residential mobile home nd foothill recreation. Mr, Weidman did not feel there would be a problem in the future. is plan is to live there and never sell it. The plans call for the right f first refusal. Since this is a family situation he could not see someone owing in and buying 25% of a family project. The land was nat conducive o splitting it. It was to protect the group by keeping it in one parcel. e felt there should be a ten acre minimum shthat every house is not n top of each other. The people he is purchasing the property fromare gainst having the property split. Hearing closed to the public and confined to the Board. Supervisor Winston stated they were talking about granting a eptic tank permit to a parcel of land that is part of an undivided interest. he burden is on the people to obtain a parcel map at a later date if they ant to divide the land and sell it. If Mr, Weidman wants to assume the isk as far as owning an undivided interest that is his business. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the appeal of Harvey Weidman for denial of septic system permit for AP 71-96-9 was upheld and Counsel is to write Mr. Weidman wetter vetting out the groblems that could arise. Page 493. June 17, 1980 .Tune 17, 1980 $0- 996 PUBLIC HEARINGS: GEORGE HAMMONTREE - APPEAL OF ENVIRONMENTAL REVIEW MITIGATION v MEASURE N0. 2 AS ADOPTED BY ADVISORY AGENCY ON TENTATIVE PARCEL MAP, AP 62-23-104, FOUR LOTS, II3TERSECTION OF ROCKERFELLER ROAD AND HIDDEN SPRINGS ROAD, BALD ROCK AREA: BOBBY G. THOMPSON - APPEAL OF ENVIRONMENTAL REVIEW MITIGATION MEASURE N0. 2 AS ADOPTED BY ADVISORY AGENCY ON TENTATIVE PARCEL MAP, AP 62--23-105, FOUR LOTS, EAST SIDE OF HIDDEN SPRINGS ROAD, APPROX 600+ FEET SOUTH OF ROCKERFELLER ROAD, BALD ROCK AREA The public hearing on the following items was held as advertised: 1. George Hammontree appeal of environmental review mitigation measure No. 2 as adopted by the Advisory Agency on tentative parcel map, AP 62-23-104, four lots, intersection of Rockerfeller Road and Hidden Springs Road, Bald Rock area. 2. Bobby G. Thompson appeal of environmental review mitigation measure No. 2 as adopted by Advisory Agency on tentative parcel map, AP 62-23--105, four lots, east side of Hidden Springs Road, approximately 600+ feet south of Rockerfeller Road, Bald Rock area. Earl Nelson, environmental review director, set out the background of the appeal. The two properties in question involved two parcels of about five acres in the area. This is a rural area northeast of Lake Oroville. The requirement on each. of the maps regard fire protection. They relied on a memo from the Fire Department that this was a high fire hazard area. The response time for the initial contact would be two minutes. The backup trucks would have to come from Kelly Ridge and Bangor Fire Stations. The water supply was insufficient. The Board would either have to require an EiR or find the fire hazard was not significant. SUPERVISOR WHEELER ABSENT AT THIS TIME Bettye Blair, planning director, stated that the Chairman directed that staff meet with the Fire Department on this matter of the fire requirements relative to the General Plan. She thought there would be information forthcoming regarding this matter. Hearing open to the public. Appearing: Bill Geddis, representing Mr. Hammontree and Mr. Thompson. Mr, Geddis stated that Mr. Hammontree was notified that the map would probably not meet the fire requirements in the new General Plan. He discussed this matter with someone in adminis- tration and they advised him that it would meet the requirements. He submitted Mr. Thompson's map and was notified that neither map met the requirements. He contacted the Fire Department and was told that perhaps water storage capacity would be satisfactory. He asked for a final determination. The Fire Department said the only two mitigations the Fire Department would find acceptable would be a 25,000 gallon 'per minute fire flow or as an alternative a mbbile tank truck which would c©st an estimate of $35,000. He has talked to the Board before ,.regarding this matter. He did not feel these were realistic mitigation ~imeasures. This area now has a volunteer fire department and a tanker 'Itruck. This fire station is two or three minutes away from these parcels. He felt that a mitigation measure should be attached to a building permit if this were needed. Hearing closed to the public and confined to the Board. Ms. Blair stated that staff relies on the experts in their field regarding £ire protection. The determination of adequate is done by the people in the fire field. .- Page 494. .Tune"I7, I980 June 17, 1980 80~ Supervisor Winston stated that there is now a volunteer fire ~ department in the area. He felt that knowing the work that had been done on the volunteer fire department to have someone say there was not adequate fire protection was not correct. 'There would be no adequate fire protection in 80% of Butte County fif this were true, On motion of Supervisor Winston, seconded by Supervisor Dolan nd carried, the appeal of George Hammontree of the environmental review itigation measure No. 2 as adopted by the Advisory Agency on a tentative arcel map, AP 62-23-104, four lots, intersection of Rockerfeller Road and idden Springs Road, Bald Rock srea and the appeal of Bobby G. Thompson f the environmental review mitigation mreasure No. 2 as adopted by the dvisory Agency on a tentative parcel map, AP 62-23-105, four lots, east ide of Hidden Springs Road, approximately 600+ feet south of Rockerfeller oad, Bald Rock area were upheld and the mitigation measures were removed ccepting the negative declaration with mitigation measure No. 1 only and hanging item 14A on the checklist from maybe to no. AYES: Supervisors olan, Winston and Vice Chairman Moseley. NOES: None. ABSENT: upervisors Wheeler and Chairman Lemke On motion of Supervisor Winston, seconded by Supervisor Dolan carried, the following were approved finding them to be consistent the General Plan: 1. George Hammontree tentative parcel map, AP 62-23-104, four intersection of Rockerfeller Road and Hidden Springs Road, Bald area subject to the following conditions: Install energy dissipating structures in the roadside drainage along Hidden Springs Road. Develop parcels so as to minimize erasion, i.e. grading during dry season, stabilization of work in progress from inclement weather, retention of natural vegetation where possible. '2. Provide an area for wells and a 100-f t. leachfield free setback around those areas. 3. 5hom a 100-ft. leachfield setback from the spring on Parcels 1 and 2. 4. Prove that the required quantities of domestic water are available. 5. Verify legal access. b. Provide 2-way traversable access RS-B-LD-III to each parcel from a county maintained road or state highway. 7. Access to be reserved in deeds as per County Ordinance and offered for dedication on the final map. 8. Show 50-ft. building setback line measured from centerline of access easement. 9. Provide road maintenance agreement. L0. Show all easements of record on the final map. L1. Provide street name signs per requirements of the Department of Public Works prior to recordation of the final map. 12. Provide permanent solution for drainage. 13. Pay off any assessments 14. Pay any delinquent taxes. Page 495. June 17, 1980 80= 3 ___-___-=====June 17, 1980 __________________ 2. Bobby G. Thompson tentative parcel map, AP 62-23-105, four lots, east side of Hidden Springs Road, approximately 600+ feet south of Rockerfeller Road, Bald Rock area subject to the following conditions: 1. Install energy dissipating structures in the roadside drainage along Hidden Springs Road. Develop parcels so as to minimize erosion, i.e. grading during dry season, stabilization of work in progress from inclement weather, retention of natural vegetation where possible. 2. Provide area for wells and a 100-ft. leachfield free setback around those areas on each parcel. 3. Prove that the required quantities of domestic water are available to each parcel. 4. Provide 2-way traversable access RS-B-LA-III to each parcel from a county maintained road or state highway. '5. Access to be reserved in deeds as per County Ordinance and offered for dedication on the final map. 6. Show 50-ft. building setback line measured from centerline of access easement. 7. Provide road maintenance agreement. 8. Show all easements of record on the final map. 9. Provide street name signs per requirements of the Department of Public Works prior to recordation of the final map. 10/ Provide permanent solution for drainage. 11. Pay off any assessments. !~12. Provide cul-de-sac at the end of the street. 13. Pay any delinquent taxes. 14. Meet the requirements of the Butte County Fire Department. 15. Provide circulation. AYES: Supervisors Dolan, Winston and Vice Chairman Moseley NOES: None ABSENT: Supervisor Wheeler and Chairman Lemke 997 PUBLIC HEARING: PARADISE PINES MOBILE HOME ESTATES, INC. - APPEAL OF THE SUBDIVISION VIOLATION COMMITTEE`S CONDITION NO. 1 ON APPLICATION FOR DETERMINATION, AP 65-19-20 AND 22, PROPERTY LOCATED ON THE SOUTH HALF OF LOT 468 AfTD SOUTH HALF OF LOT 469, FIRHAVEN SUBDIVISION, PARADISE PINES AREA The public hearing on Paradise Pines Mohile Home Estates, Inc. appeal of the Subdivision Violation Committee's Condition No. 1 on application for determination, AP 65-19-20 and 22, property located on the south half of Lot 468 and south half of Lot 469, Firhaven Subdivision Paradise Pines area was held as advertised, John Mendonza, public works, set out the background of the appeal. This parcel was not included in the blanket approval by the Board. The two parcels do;^~ not ~ia~e 60-foot access on the fxontage. Page 496. June 17, 1980 80-. a •_______-__= JJune17, 1980 _________________ This created two back parcels. There appears to be some question as to the two northerly parcels. These parcels are 1/2 acre lots. There is a right-of-way in question to the north pieces of these properties. In some of the cases in the area, the people have granted each other 20-foot access. Hearing open to the public. Appearing: Gary Lippencott. Mr. Lippencott felt the issue was a policy issue for Firhaven Subdivision area. There will be more appeals coming forward in this area on the same issue. The subdivision was created in 1955. There were CC&Rs filed that created private alleyways. The south l/2 half of these parcels were created September 13, 1962. The north 1/2 parcel was created and sold in January 18, 1966. That portion has never come back to Paradise Pines. Vine Street is 30 foot access. There is no additional access to the south to provide for the 60-foot easement. There are 62 to 68 lots created that should have 60-foot access while the others are 30-foot access. The standard ordinance at the time allowed 30-foot of access for parcels up to 93/100 of an acre. The record of survey shows dash lines and does not show whether these are easements or not. SUPERVISOR WHEELER PRESENT AT THIS TIME ' This dashed line is identical to all the other parcels. Since the 30-foot access is shown on the record of survey for the other parcels he asked that the Board accept 30-foot access for these two parcels. Another thing that is not on the map is the maximum length of 30foot access within the CC&R is an alley way only extends to each block. There are five parcels out of the seven parcels with 30-foot access created, in 1966. He wanted to know if he would go and get 30 feet of access or 60 feet of access. Hearing closed to the public and confined to the Board. Dan Blackstock, county counsel, stated that the Board had the power to grant relief if it wanted to do so. Historically this particular subdivision has been nothing but trouble. The action before the Board is whether to grant relief and make ins#sYUCtion on policy relative to the issue with separate ownership of property. If the Board wishes to direct the hearing board, that the Board views the policy on this particular subdivision would be handled by them it would be in order as well. Mr. Mendonza stated that this was basically the general problem with this subdivision. It seems the revised record of survey did not say whether the access is an easement or not. It is hard to tell what the intent was. Under a record of survey there is no requirement to grant access. Supervisor Winston stated that this subdivision has problems and the only way to alleviate the problems is to waive the 60-foot requirement. In looking at the dashed lines it meant to him that there is an easement on most maps. Tf the 60--foot requirement is waived, the burden is still on the property owner to prove access. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the appeal of Paradise Pines Mobile Home Estates, Inc. of Condition No. 1 on application for determination, AP 65-19-20 and 22, property located on the south half of Lot 468 and south half of Lot 469, Firhaven Subdivision, Paradise Pines area was up held and the condition was modified to require proof of 30-foot access in lieu of providing I60-foot access. Page 497. June 17, 1980 --___--___= June 17, 1980___________________ 80- b 998 999 Sheriff G311ick stated that some time ago the Board received :complaints by the people in mountain areas that there were not enough- patrols. The Board suggested a committee be formed of the people in ;the area to consider the matter. Sheriff Gillick stated that his office :made a survey of five counties; Placer, El Dorado, Humboldt, Shasta and IYolo Counties. Mr. "~iandonza stated that portion of the lot is going to-face defined as easements. In most cases people. RECESS: 12:28 p.m. RECONVENE: 1:35 p.m. AUTHORIZE ADMINISTRATIVE OFFICER TO SUBMIT GRANT APPLICATION FOR JURX UTILI2:ITLi~"~ AND MANAGEMENT INCENTIVE PROGRAM On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the Administrative Officer was authorized to sign and submit a grant application for Jury Utilization and Management Incentive Program in the amount of $37,500. AYES: Supervisors Dolan, Wheeler and Vice Chairman Moseley. NOES: Supervisor Winston. ABSENT: Chairman Lemke REPORT BY SHERIFF'S DEPARTMENT CONCERNING LAW ENFORCEMENT STAFFING NEEDS: REPORT BY CITIZENS COMMITTEE ON LAW ENFORCEMENT Lt. Gray made a presentation regarding the report on the survey of the five counties and compared the results of the survey with the statistics of Butte County. The sheriff's departments have more duties than the city police departments. They selected counties of similar size, and population to study. Lt. Gray set out the difference in population, officers per 1,000 population, citizens per officer taking in the police departmentscomglaints and reports, time spent on preventative patrol; budgets for the entire counties, budgets for the sheriff`s departments, inmates per jailer to staff ratio. Butte County has the largest population. The officers per 1,000 population is the smallest of all counties studied. Butte County has the largest citizens per officer ratio. The average staffing of these departments for officers and citizens is 1.23 officers per 1,000 citizens. Butte County is one-half of the average. To bring the county to the average level of patrol officers it would take approxi- mately 67 more employees. Butte County has the most complaints and reports and spends less time on preventative patrol. Butte County has the smallest amount for the Sheriff's budget. The inmates per jailer ratio is highest in Butte County. With the five additional jailers approved by the Board they would still be the highest ratio. there will be other cases where on access easements that are not these are not owned by the same Lt. Gray set out where the different pattol officers were located and the amount of area covered by each person. The Oroville ',area has 2.2 officers on duty 24 hours per day. They cannot get out of town. There are 11 officers assigned to this area. He would like to 'see this amount increased by nine deputies. This would give the area (four officers per shift for 24 hours. He is asking for five additional (positions to work the mountain areas around Oroville. This would provide 16 hours per day coverage for these areas. There are 13 positions assigned pattol in the Chico area. This is 2.$ officers per shift per 24 hours per day. He asked for six additional positions to bring the staff to 20 positions. This would be 4.4 officers per shift per day. There would be three additional positions being requested that would be assigned to Durham, Nelson, Nord areas. These positions would allow for 16 hour patrols per day in the Aurham area. He is also asking for three additional positions to give 16 hours per day patrol in the mountain areas around Chico. Paradise has ten officers. This comes Hoge 498. June 17, 1980 _____--___= June 17, 1980________________-~__ 80- to 2 officers on each shift 24 hours per day. There are a total of 31 v patrol positions being requested. Lt. Gray stated there were 1.2 officers per shift'in the jail section. The present staff is 12 officers. He proposed that this be increased to 14 positions. Thgrwould like to bring the staffing up to 26 positions in the jail. This would be under the average officer in the comparable counties. This would give positions for places in the jail that is not covered at the present time. This would also give positionsfor use in transportation of prisoners. Captain Wood spoke regarding the investigation division. He referred to pages 15 to 20 in the report. They are relatively shy on manpower all the way through. There is a total of 14 people at the present time. To be comparable with the other counties there would be a need for 33 additional positions. They would need a staff of 25 investigators by comparison with the other counties an the total reports and complaints. In comparison on the felony reports there would be a need for 18 people to bring the department up to the average of the other counties. He was requesting three juvenile officers. The total price for the three positions including the vehicles would be $97,995. He would like to have the narcotics division increased by two positions. Capt. Wood set out the number of arrests for each district: Oroville 49%, Paradise 16%, Chico 29% and Gridley 6%. An additional man would be assigned to Chico. The only figures that will change are those in Paradise. There is a need for an additional officer to be able to handle Paradise and Chico. The total cost for the Investigation Division would be $65,904. Captain Schofield spoke regarding the service division. Butte nty's monthly average in services is 790. These cases are handled h two clerical personnel and two deputies. This amount to 395 es per Berson. He requested two additional clerical and two additional ving deputies. They have received letters from attorneys asking people have not been served with the papers necessary. Butte my handled 4S5 coroner's cases. Shasta County was the only county t had more cases. The county does not have a central morgue system. the present time they are working on a proposal where one will be vided. The cost figures for the civil division is on page 23 of report and on page 24 for the coroner's division. There are four itions in the record bureau. This is less than the other counties. y are four years behind in purging the records necessary. Page 26 the report shows a breakdown of the amount of work that is done. He nested four additional Clerk I gositions. CESS: 2:17 p.m. CONVENE: 2:29 p.m. Sheriff Gillick stated that he realized that £or years he as understaffed but was not aware of how understaffed he was until the Ludy was made. The report has been presented to the Law Enforcement ommittee. He supported the recommendations made in the report. He as asking for 67 additional positions. Report by the Citizens Committee on Law Enforcement was given this time. The following people spoke: 1. Howard Clark. Mr. C1axk presented recommendations from committee at this time. He read the xecommendations at this time. committee recommended that POST (Police Officers Standards and Wing) do a total study of the Sheriff's Department. The committee Page 499. June 17, 1980 June1731980V _--____~ 80. hould be reconvened after the study has been completed. The Board should 3 consider law enforcement protection and fire protection as priorities in county government. 2. Gene Fagen. Mr. Fagen stated he was aware of the budgetary roblems facing the county. He was concerned. He felt the Sheriff and taff were doing a tremendous job. He asked that the Board do everything ithin their ability to approve the additional positions for the Sheriff's ffice. 3. Bruce Albert, representing Butte County Law Enforcement fficer's Association. Mr. Albert stated that the BCLEOA supported the ndeaver made by the committee and the Sheriff in this matter. 4. Bob Potter, BCEA. Mr. Potter stated the BCEA supported he goals of Iaw enforcement. He was mindful of the needs of the whole ounty. Proposition 13 gave the message that the county need not be verstaffed. The Auditor has addressed the Board regarding the fiscal ranch the county is facing. He was concerned with all of the employees. he request has been made for 67 added positions in the Sheriff's Office. e felt that if the Sheriff's Office was increased there would be aneed or an increase in the other areas of the justice branches, such as Probation. here would be increased court filings. He wondered what would be the mpact on the other public services. He was concerned with how the eed was determined for the additional personnel. He was concerned that ny particular group in the county could come forward and present their pacific needs. He felt the needs of the entire county should be onsidered. BCEA supported good law enforcement. He was concerned hat the committee might be bias for law enforcement. He was glad to ee the recommendation for a POST study. 5. Howard Clark. Mr. Clark stated that the committee made a ecommendation that there be an outside disinterested party come in and o a study of the Sheriff's Office. b. Virginia Kerman. Ms. Kerman presented a petition from the eople who own property in Forest Ranch and Butte Meadows asking for additional aw enforcement people in that area. 7. Nancy Kepner. Ms. Kepner responded to Mr. Potter's remarks bout the committee containing people of law enforcement. Many of the ommittee were not involved in law enforcement. She knew of one person hat was involved with law enforcement on the committee. There is a study hat was done by the Rand Corporation that says that when preventative atrol is done there is not always an increase in the other judiciary CESS: The Board recessed at 3:04 p.m. to reconvene on Wednesday, June 18, 1980 at 1:30 p.m. ***** June 18, 1980. ***** CONVENE: The Board reconvened at 1:30 p.m. pursuant to recess. Present: Supervisors Dolan, Wheeler and Acting Chairman Winston. Clif ckelson, administrative officer; Dan Blackstock, county counsel; and ark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. 1000 TSCUSSION OF REPORT TO THE BOARD CONCERNING IMPLEMENTATION OF THE CRIMINAL USTTCE TNFORMATION SXSTEM (CJIS) - CONTINUED TO JUNE 24 1980 Discussion of the report to the Board concerning implementation f the Criminal Justice Information System (CJIS) was continued to June 24, 980 until a full Board was present. Page 500. June 17, 1980