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HomeMy WebLinkAboutM08198080- August 19, 1980 STATE OF CALIFORNIA ) ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to recess. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. C1if Nickelson, administrative officer, by Mike Pyeatt, assistant administrative officer; Dan Blackstock, county counsel, by Leo Battle, deputy county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley 1335 APPROVAL `:OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, the minutes of August 12 and 13, 1980 were approved as mailed. 1336 PUBLIC HEARING: 1980-81 BUDGET AND REVEN The closed hearing on the 1980 final use hearing was held as continued. revenue Hearing re-opened to the public. Appearing; No one. The hearing was continued to later in the meeting. 1337 1338 APPROVE CETA TITLE VI PROJECTS TO BE FUNDED IN THE PRIORITY RECOMMENDED BY CETAC FOR FISCAL REAR 1981 On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the CETA Title VI projects to be considered for fiscal year 1981 funding to be funded in the priority recommended by CETAC were approved. Jim Rackerby, personnel director, set out the background of the orandums of understanding for both the BCEA and LEOA. There are four orandums of understanding: BCEA general unit, BCEA MCS unit, LEOA general t and LEOA MCS unit. Jim Johansen, auditor, stated they were still in the process of uting the cost for the increased benefits. They are still figuring allocation of subvention funds for the appropriate departments. The fits could cost more than the subvention or the Board could require departments to stay within the state subventions. On motion of Supervisors Wheeler, seconded by Supervisor Dolan d unanimously carried, the following memorandums of understanding were tified::and the Chairman authorized to sign: BCEA General Unit BCEA MCS Unit LEOA General Unit LEOA MCS Unit 1339 dAIVE FIRST READING OF SALARY VKll1NA1Vl;~ Ar~NlirlGNa." On motion of Supervisor Moseley, seconded by Supervisor Dolan end unanimously carried, the first reading of the salary ordinance amendment :hat adds additional jail personnel, reclassified several departmental >ositions, adds several grant funded positions and implements the wage agreement with the employees was waived. Page 161. August 19, 1980 _ August I9, 19_80 80-1340 ADOPT RESOLUTION 80-177 CALLING ELECTION FOR NOVEMBER 4, 1980 RE: - b INITIATIVE PETITION -PROTECTION OF FARM LAND AND PREVENTION OF UNNECESSARY ~~ Supervisor Winston stated that he could remember quite a bit of (discussion and correspondence relative to the timely filing of the petition. 'It was four days late. There was a similar incident when the Board was 'discussing the coal fired plant. The Board was given the opposite advice ,and that petition was not timely filed and should not appear on the ballot. Leo Battle, deputy county counsel, stated that perhaps the ',difference of opinion was from case law that came down when Wilson Riles ran for Superintendent of Schools. The Suprement Court ruled there was ~ubstantiaT. compliance and that is all that is necessary. It is a matter that it was filed but it was filed four days late. Supervisor Winston stated he was two days late in filing his statement and was fined $10 just recently by the Secretary of State. He wondered what kind of rules they were playing by. Mr. Battle stated that substantial compliance'is what happened. If the matter were to go to court it is likely that the court would rule that way. Supervisor Dolan stated that a Constitutional amendment up the referendum. The Election Code does not say. The initiative and referendum Est me protected. She felt it was written with the intent that when a group of people circulate a petition that people know about it. At that time there was no electronic media. The notice was to be filed. Certainly people knew this was being circulated. It was throughout most of the media. She was not .going to excuse anyone for misfiling. She believed there was substantial compliance. Supervisor Winston stated he was interested in the article written in Plumas County, the Quincy Bulletin, where they are talking about the prelude to OPR. He quoted from the article about people passing petitions. The people raising the fuss about the population increase are the people coming from the cities. These same people that accept the reality of the city retain their childhood memory of the country. They would like to have it all back again. They need to be told things have changed. That is not to say there should be no planning. Supervisor Winston stated there was a lot in those words to pay heed to. Denny Green and OPR are going to be telling the county how to handle the foothills. He resented the further intrusion of the state into the county's life. Supervisor Winston commented on the initative at this time. Historically Butte County has used the Storey index as a guide for soils. The initative abandons the Storey index in favor of another. This petition will raise havoc. Eventually it will~cost several hundreds of thousands of dollars to resurvey the county to make a determination on the soil in Butte County to comply with the ordinance. Supervisor Dolan stated that she understood what the Board had before it was whether to adopt a resolution and place the measure on the ballot. That is what the Board should be doing. She responded to Supervisor Winston's comments. She had no disagreement with them. The comment in the petition relative to growth is very close to the General Plan. This petition was drafted from many different people in the county. The words about good reasonable planning is what people can and do agree with, not the state coming in and say what the county is to do. Page 162. August 19, 1980 80- d _ _ _ _ August 19, 1980 _ _ _ - - It was moved by Supervisor Winston, seconded by Supervisor Wheeler that the filing of the initiative petition was untimely, meaningfiled late, and the Board not adopt the resolution calling for an election on November 4, 1980. Chairman Lemkk stated that if this matter were taken to court, it would come back and give the no growthers the ability to pass the initiative. He was determined to work against the initiative. He did not see the Board stopping it from being placed on the ballot. Superv~.sor Dolan stated she was proud to be involved with the initiative. She did not feel they were no growthers. The initiative process is not what the Board gives to the people. If the motion passes, it will go to court. Vote on motion: 13411 AYES: Supervisors Wheeler and Winston NOES: Supervisors Dolan, Moseley and Chairman Lemke Motion failed. On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, Resolution 80-177 calling the election for November 4, 1980 for the initiative petition,protection of farm land~and prevention of unnecessary urban sprawl, was adopted and the Chairman authorized to sign. AXES: Supervisors Dolan, Moseley and Chairman Lemke. NOES: Supervisors Wheeler and Winston. Supervisor-Wheeler stated that the agricultural community had fine people.. She has worked with them. Her difficulty was with the wording of the initiative. There are no specifics in there. She was asking for specifics. Even the Farm Bureau's legal counsel is questioning the constitutionality of the entire initiative. Chairman Lemke stated he was not opposed to the farmers. There are a number of farmers that will vote against the initiative. AUTHORIZE PENALTY ABATEMENT On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the following requests :'for penalty abatement were authorized: 1. James L. & Joan Susanna Dutro, AP 065-21-0-023-0 2. Vicki J. Fincher and Francee C. Hamblet, AP 047-22-0-044-0 3. Paul D. Reimel, AP 050-12-0-111-0 4. Lake Oroville Lands, Inc., AP 071-08-0-024-0 5. C. E. Peterson, AP 071-08-0-024-0 6. Ralph F. Erlingheuser, AP 054-20-1-034-0 7. James W. Stark, AP 034-11-0-015-0 8. Michele L, Chiapella, AP 043-34-0-057-0 9. Charles L. Thomasson, AP 054-12--0-051-0 Page 1b3. August 19, 1980 80- August 19, 1980 10. Jeffrey L. Owens, AP 071-02-0-083-0 11. Ronald D. & Sherry H. Rose, AP 062-35-0-024-0 12. Say H. & Joyce McQuiston, AP 046-55-0-062-0 13. M. Vivian Andersen, AP 004--27-3-011-0 14. Lloyd J. & Lois Ginter, AP 045-50-0-050-0, AP 045-50-0-008-0, and AP 047-30-0-074-0 15. Daryl Kaiser, AP 005-OS-9-014-0 16. Daryl Kaiser, AP 004-21-2-003-0 17. Lloyd J. & Lois Ginter, AP 048-28-2-010-0 18. Chatter Singh Bains, et al, AP 025-18-0-028-0 & AP 025-17-0--001-I 19. Wilma J. Polega, AP 034-20-0-051-0 ' 20. James E. Wilson, AP 008-01-0-003-0 21. Gilbert & Opai Medeiros, AP 044-59-0-068-0, AP 044-59-0-065-0, AP 031-05-3-047-0, AP 031-05-3-050-0 & AP 031-05-3-042-0 22. Dexter C. & Lura C. Biindbury, AP 044-70-0-008-0 23. Robert S. Mann, AP 050-24-0-015-0 24. Frieda E. Hart;Max tin, AP 034-79-0--013-0 25. Michael F. Urback-Teague, AP 046-14-4-017-0 26. Douglas W. B. Boring, AP 039-39-0-034-0 APPROVE AMBULANGE SERVICE AGREEMENT - PARADISE AMBULANCE SERVICE AND CHICO AMBULANCE SERVICE 0n motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the following ambulance service agreements which cover reimbursement for dry runs and 5150 mental disorder patients were approved and the Chairman authorized to sign: Richard Crabtree, dba Paradise Ambulance Service Chase Emergency Medical Services, Inc., dba Chico Ambulance Service APPROVE LABORATORY TESTING AGREEMENT WITH DEPARTMENT OF JUSTICE On motion of Supervisor Winston, seconded by Supervisor Dolau. and unanimously carried, the agreement with the State Department of Justice covering blood alcohol services for the County of Butte during the current fiscal year at a cost of $22 for each individual test was approved and the Chairman authorized to sign. AUTHORIZE RELIEF FROM ACGOUNTABILZTY - OROVILLE JUSTICE COURT On motion of Sup ervisor;Winston, seconded by Supervisor Wheeler and unanimously carried, discharge from accountability for collection of 83 accounts in the amount of $11,470 for the Oroville Justice Court was authorized. 1342 I 13431 13441 page 164. August 19, 1980 80- 1345 b 134b 1347 _______=====A_upzus_t_19, 1980 __ W=--------- -__ ADOPT RESOLUTION 80-178 DESIGNATING CHIEF PROBATION OFFLCER AS PROJECT DIRECTOR FOR PROBATION DEPARTMENT DELINQUENCY PREVENTION OFFICER PROGRAM Oa motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, Resolution SO-178 designating the Chief Probation Officer as the project director for the Probation Department delinquency prevention officer program for the application for second year grant funding covering the period May 1, 1981 to February 31, 1982 in the amount of $26,000 which is 100% federally funded was adopted and the Chairman authorized to sign. DISCUSSION AND POLICX DIRECTION RE: CHICO LIBRARY - CONTINUED TO AUGUST 26, 1980 The discussion and policy direction regarding the current status report on possible lease and lease back concept from the Chico Library was continued to August 26, 1980. , APPROVE BUDGET TRANSFERS On motion of Superv~ssor Moseley, seconded by Supervisor Dolan and unanimously carried, the following budget transfers were approved: B-5 - Housin and Community Development. Establishes>,~a $5,000 appropriation in professional and specialized services with funding coming from HCD program income in order to cover the cost of preparing the 1980-81 HCD grant application. B-6 - Housing and Communit Development. Trandfers $12,836 between various line items within the Housing and Community Development 1978-79 budget pursuant to budget modification 4~4 as approved by the Department of Housing and Urban Development on August 8, 1980. ADOPT RESOLUTION 80-179 AUTHORIZING THE DISTRICT ATTORNEY AS PROJECT DIRECTOR FOR CRIMINAL JUSTICE SYSTEM FUNDING GRANT APPLICATION Mike Pyeatt, assistant administrative officer, set out the background of the grant application for the Criminal Justice Information System (CJi$) program. The Board authorized the application of the grant application for this program earlier. There are carryover funds that can be applied for. On motion of Supervisor Dolan, seconded by Supervisor Wheeler anal carried, Resolution 80-179 authorizing the District Attorney as project director for submission of the Criminal Justice System funding grant application was approved and the Chairman authorized to sign. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. NOES: Supervisor Winston. APPROVE DRAINAGE DEPOSIT REFUNDS On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the following requests for drainage deposit refunds were approved: 1. Tom Heustis for AP 52-07-11, property located on the north side of Crestview Drive, 900 feet west of Crestwood Drive, Paradise area in the amount of $1,422. 2. Robert D. Jeffords, Jr. AP 54-182-68, property located 500 feet south of Pearson and Sawmill Roard intersection and on the west side of Sawmill Road, Paradise area in the amount of $8,458. Page 165. August 19, 1980