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HomeMy WebLinkAboutM091278September 12, 1978 RECONVENE: The Board reconvened at 9:00 a,m. pursuant to recesso Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston, C1if Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county ', @lerk, by Cathy Pitts, Assistant Clerk to the Board. Pledge of Allegiance to the Flag of the United States Invocation by Supervisor Moseley 78-1739 PUBLIC HEARING: LESLIE R. STEIDL APPEAL OF ADVISORY AGENCY'S DECISION TO APPROVE TENTATIVE PARCEL MAP OF LEONARD ORR, AP 71330-20, TWO PARCELS, BEING A PORTION OF THE SE 1/4 OF SECTION 36, T22N, RSE, ENTERPRISE AREA CONTINUED TO SEPTEMBER 19, 1978 AT 11:15 A.M. The public hearing on the Leslie R. Steidi appeal of Advisory Agency's decision to approve a tentative parcel map of Leonard Orr, AP 71-30-20, two parcels, being a portion of the SE 1/4 of Section 36, T22N, RSE, Enterprise area was continued to September 19, 1978 at 11:15 a.m. 78-1740 APPROVAL OF MINUTES On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the minutes of August 30, 1978 and September 5, 1978 were approved as mailed with the following corrections to be made to the September 5, 1978 minutes: minute order 78-1705 to reflect that ', when consideration is given to revenue sharing funds the matter of repayment of the loan for the Butte County Search and Rescue Unit should be given consideration; minute order 78-1706 correction of spelling of Animal Control Contract. 78-1741 ADDITIONAL MATTER PRESENTED BY SUPERVISOR RICHTER Supervisor Richter stated that he had received a call from Cecil Henderson and William Russell, Coach Mobile Home Park on Lassen Avenue regarding problems of abatement of a fire hazard on the property owned by Linda 7acobson. This property should be cleared as it is a fire hazard. Administrative Officer to have Fire Warden check the matter out and see if he can do some official persuasion. 78-1742 DECLARE 1956 DODGE FIRE TRUCK COUNTY N0. 897 SURPLUS On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the 1956 Dodge fire truck, county no. 897, was declared surplus. 78-1743 APPROVE CONTRACT CHANGE ORDER N0. 2, NORD FIRE STATION On motion of Supervisor Richter, seconded liy Supervisor Lemke and unanimously carried, contract change order No. 2, Nord Fire Station was approved in the increasing amount of $188.95 to authorize extension of a water Iine;and authorized the Chairman to sign; preparation of a budget transfer with funding to come from revenue sharing was directed to be prepared. 78-1744 AUTHORIZE CONSOLIDATION OF PUBLIC OFFTCLAL BONDS WITH THE BLANKET BOND On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, consolidation of the public 8fficial bonds with the present public employee blanket bond was authorized. 78-1745 ADOPT RESOLUTION 78-15-7 AUTHORIZING CHAIRMAN TO SIGN COOPERATIVE FIRE PROTECTION CONTRACT (SCHEDULE A) WITH STATE OF CALIFORNIA FOR 1978-79 FISCAL YEAR: APPROVE CONTRACT On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the Schedule A cooperative fire protection contract for the 1978-79 fiscal year with the State of California in the amount of Page 268. September 12, 1978 September 12, 1978 $1,246,361 was approved; Resolution 78-157 authorizing the Chairman to sign said contract was adopted and the Chairman authorized to sign. 78-1746 DISCUSSION: PROPOSED ANIMAL CONTROL CONTRACT Discussion of the proposed animal control contract was held at this time. Supervisor Lemke reported on the committee meeting that was held. The committee is proposing a two week delay in order to hold another meeting on September 20, 3.978 at 9:00 a.mo A representative from the BCEA was overlooked at the last meeting. Supervisor Richter stated that certain alleged statements are being looked into. The other reason for the requested delay is to allow a group of other people to present their proposal. The recommendations of the committee were accepted and the matter is continued to September 26, 1978. 78-1747 APPEARANCE: DICK DAMS, PG&E DISTRICT REPRESENTATIVE, RE: ENERGY CONSERVATION PROGRAMS ', Dick Davis, PG&E district representative, was present to discuss energey conservation programs. There are seven sources of energys gas, oil, nuclear, geothermal, water, coal and wood. Now there is an eighth source of energy which is conservation. The reason for the emphasis on the energy; conservation is to greatly reduce the need for supply despite the increase in population, PG&E can provide the county with an energy utilization audit. The company goes through the county buildings and provides written recommendations on ways to save energye Many recommendations can be implemented at little or no cost. A reduction of up to 30% in ', energy use is possible. PG&E is offering their services to the county. This provides a further opportunity for the county to work with PG&E to produce public forums. Notices can be mailed with the monthly billings. Mr. Davis distributed pamphlets to the Board members. He left a book with the Administrative O~ficero Supervisor Lemke questioned Mre Davis about the insulation program availaiile through PG&E. Mr. Davis stated that PG&E has an insulation program whereby they will loan up to $500 to the ownex over a period of 60 months at 8%. This is on a separate billing. 78-1748 AUTHORIZE PURCHASE OF PORTABLE ELECTRIC TYPEWRITER FOR EOC On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the purchase of a portable electric typewriter at a cost of $318,75 for use by CETA clerical worker in EOC was authorized. 78-1749 APPROVE SAFETY DEPOSIT BOX TAX LISTING CONTRAGTS On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the following safety deposit box tax listing contracts were approved and the Chairman authorized to sign: Chico area, flat $90 a month Oroville and Paradise areas, $7.50 per box 78-1750 DIRECT COMMUNICATION RE: DETERMINATION WHETHER BOARD SHOULD ASK FOR FREEWAY AGREEMENT RESCISSION ON HIGHWAY 99 FREEWAY AGREEMENT - GARNER LANE TO TEHAMA COUNTY LINE BE REFERRED TO PLANNING COMMISSION FOR HOLDING OF HEARINGS Clay Castleberry, public works director, stated that he had received a letter asking for a public hearing to rescind the Highway 99 freeway agreement from Garner Lane to the Tiahama County line. The county Page 269, September 12, 1978 September 12, 1978 entered into a freeway agreement with the State Transportation Board. Mr. Castleberry felt it would be in order for the Board or the Planning Commission to hold hearings in the area to determine if the community wants the freeway agreement rescinded. The Board would have to petition the State Department of Transportation to have the agreement rescinded, The state is not going to build the freeway for 10 or 12 years. Red Bluff is holding hearings on this mattero Supervisor Richter stated that this is a real problem. If the Board takes the action to have the agreement rescinded, when the freeway is developed the development that has been placed on the property will have to be removed. Supervisor Lemke felt that to take someone's land and hold up for twenty years is a violation of property rights. If the freeway is built later on, the penalty should be paid. Supervisor Madigan suggested that the freeway, could be realigned to the west of the existing roads There was an issue before the Board once beforee The Board took action to go to Congressman Johnson to maintain the status quo. The communication was directed to be sent to the Planning Commission requesting that they hold hearings-and present a recommendation to the Board as to whether or not to seek rescinding of the agreement. 78-1751 APPROVE EXTENSION OF GHICO CLIPPER CONTRACT Clay Castleberry, public works director, set out the background of the Chico Clipper contract extension., The county has asked the contractor to increase services by putting more vehicles in use, adding hours in the day and adding an additional dayo The increase is not reflected in the people using the service, The proposed price is in ordero Tie felt the extension should be approved to the end of the year. On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the extension of the Chico Clipper contract was approved per recommendations of the Director of Public Workso 78-1752 ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS Clay Castleberry, public works director, stated that the State Water Rights Commission has made recommendations on the new water rights laws He suggested that the water committee take a look at the recommendations. The recommendations are important in the groundwater area. The recommendation has to do with requirements for permits and charging for well water. There is a need for someone to make a direction to the Board as to management districts, The matter is referred to the Agricultural Advisory Committee for a recommendation of whether or not to support the recommendations. Public Works to furnish the Board with a copy of the summary. 78-1753 EXEMPT DRATNAGE DTSTRICTS 2, 100 AND 260 FROM REQUIREMENT TO ADOPT CONFLTCT OF INTEREST CODE Dan Blackstock, county counsel, stated that he had received a letter from Jerry Peters, representing Drainage Districts 2, I00 and 200 regarding conflict of interest codes. Thy Fair Political Paactices Commission has decided that in view of the activities of the districts that they could be exempted. Mr. Peters bas requested the Board's consideration on the districts on the same basis as they really do not have employeeso It is the Board's discretion to require a code. Page 27U. September 12, 1978 September 12, 1978 On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the directors of Drainage Districts 2, 100 and 200 were exempted from the requirements of filing a conflict of interest code with the findings that there is no designated employee required ', to report. Supervisor Lemke asked if there was some way to contact the Legislators for the purpose of eliminating the filing of campaign expense statements after a person is elected, Administrative Officer to place a call in to Senator Johnson asking him to request that the every six months after election campaign expense statements be elimin$teda 78-1754 APPOINTMENT TO EL MEDTO FIRE AI5TRTCT On motion of Supervisor Moseley, seconded by Supervisor Zemke and unanimously carried, Harold E`latter was appointed as a member of the E1 Medio Fire Aistrict to replace Joe Farmer with his term to expire December 30, 1979. 78-1755 APPOINTMENT TO CITIZENS ADVISORY COMMITTEE ON DRUGS/ALCOHOL ADVISORY BOARD On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Dan Young was appointed as a member to the Citizens Advisory Committee on Drugs/Alcohol Advisory Board. Administrative Officeuto make report back next week regarding two additional positions. 78-1756 APPOINTMENTS CONTINUED TO SEPTEMBER 19. 1978 The following appointments were continued to September 19, 1978: Committee. Council. 1. Appointments to the Housing and Community Development Advisory 2. Appointment to Human Services Advisory Commission. 3. Appointment to the County Employment Training Advisory Youth. 78-1757 APPOINTMENT TO COUNTY JUSTICE SYSTEM ADVISORY GROUP On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, Pat Bowen was appointed as a member to the County Justice System Advisory Group under Category C. Supervisors Lemke;~and Moseley to have appointments from Category A and B September 19, 1978, 78-1758 INTRODUCTION OF TOM DIMAS. FOREMAN GRAND JURY Chairman Winston introduced Tom Dimas, foreman of the Grand Jury at this time. EXECUTIVE SESSION: The Board recessed at 9:45 a.m. for an executive session regarding meet and confer. RECONVENE: The Board reconvened at 10:00 a.m, following an executive session regarding meet and confer. The Personnel Officer was instructed as to what action to take with regard to salaries and benefitsa Page 271. September 12, 197$ September 12, 1978 78-1759 PUBLIC HEARING: COUNTY SERVICE AREA ~~13 (PARADISE STREET LIGHTING) CONSIDERATION OF PER PARCEL SERVICE CHARGE OF $10,41 The public hearing on the County Service Area ~~13 (Paradise street lighting) consideration of per parcel service charge of $10.41 was held as advertised. Clif Nickelson, administrative officer, set out the background of the charge. This gives an avenue for payment of street lights. Hearing open to the public. Appearing: Walt Bitterolf. Mr> Bitterolf asked for clarification of the charge. Would this be in addition to the $10.24 that is now being charged. Mr, Bitterolf was advised that this would be the charge instead of the $10.24. This would be a $.17 increase. The Administrative Office will notify property owners of the increase. The Board acknowledged the letter in opposition to the charge from Robert D, Reynolds. Hearing closed to the public and confined to the Board, '~ On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carfied, the charge of $10.41 per parcel service charge for County Service Area ~~13 (Paradise street lighting) was approved. 78-1760 BOARD OF SUPERVISORS CO1~~?ENTS TO 1977-78 BUTTE COUNTY GRAND JURY FINAL REPORT The Board of Supervisors made the following comments to the 1977-78 Butte County Grand Jury final report: Audit and Finance„ page 2: The program has been implemented, Audit and Finance, page 3 & 4: Concur with the Administrative Officer's comments, As far as the Board is concerned they have complied. Audit and Finance a e 5: Concur with the Administrative Officer's comments, Auditor-Controller, page 6 & 7: Concur with the Administrative Officer's comments. The Board has requested a simplified budget statement monthly. Data Processing, pages 9 to 14: The Board is well aware of the problems in Data Processing, The Board has exausted their efforts to alleviate, The Board is in the process of taking positive steps toward correcting the problems, Assessor. Wage 15: Referred to the newly elected Assessor. Assessor. page 16, 17 & 18: Recommendations will be forwarded to the newly e7~ected Assessor. Assessor. page 19: Recommendation should be forwarded to the newly elected Assessor, 78-1761 PUBLIC HEARING: GERALD H. BONDS, ET AL APPEAL DECISION OF ADVISORY AGENCY APPROVING TENTATIVE PARCEL ~JAP OF JOHN R, DOBSON, AP 42-34-16, FOUR LOTS._WEST SIDE OF BAY AVENUE, APPROX 1,_600. FEET NORTH OF SHASTA AVENUE. CHICO The public hearing on the Gerald H. Bonds, et al appeal of the decision of the Advisory Agency approving the tentative parcel map of John R. Dobson, AP 42-34-16, four lots, west side of Bay Avenue, approximately 1,600 feet north of Shasta~~Avenue, Chico was held as advertised. Page 272, September 12, 1978 September 12, 1978 Clay Castleberry, public works director, set out the background of the tentative parcel map, The map is in the northwest area of Chico on the west side of Cussick. The map met the zoning and the land use. Rarl Nelson, environmental review director, set out the background of the negative declaration. A negative declaration was recommended on the fact that the map would create three parcels of about 1/2 acre in size. The impacts were not sufficient to require an BIRO There is a rezone pending. This was initiated by the Planning Commission in the northwest Chico area. It is under study by staff for possible modification. The zoning proposed is RT-1. This allows an 8,000 square foot minimum Iot size. The current zoning is A-2. A negative declaration is recommended. Hearing open to the public. Appearing: 1. Gerald Bonds. Mr. Bonds asked that the lot split not be granted for the following reasons: (1) 'fhe area has been traditionally agriculture or small parcels; (2) this is an excellent buffer for the agricltural land beyond to the west of Bay Avenue and north. of Bell, He asked that this be held up until such time as the hearings on the zoning have been held. The zoning being sought is for parcels not less than one acre. 2. Mr. Bowen. Mr. Bowen stated that if development is to continue west more agricih~.turaly land will be used up. There is a concern relative to the water systems as the area is in septic. There will be a problem with the drainage. 3. Larry Jones. Mr. Jones felt that this area was a buffer zone for the agrici~~aural land, He asked if the Board would hold off on the map until after the zoning hearings have been field. Supervisor Richter stated that it would seem that the people. are asking that the Board.Y.implement an interim zone in the area. The area was interim zoned for two years. There cannot be an interim zone placed on the property. 4. John Dobson. Mro Dobson stated that this area is shown as low density residential with one to four ;un3t~s per parcel, His proposed land division does not conflict with the general plan, Mr. Dobson set out the different parcels in the area. This property is within the standard urban improvement boundaries. He is required to provide those improvementso The map was subject to conditions for improvements. 5o Tom McCrady. Mr. McCrady stated that the property is not in the Shasta Union Drainage District. There is no drainage facility in the areao 6. Patricia Harrington. Ms. Harrington stated that she supported the land division. It is becoming uneconomical to keep agricultural land because of the residential land that has been developing around this area. Hearing closed to the public and confined to the Board. Supervisor Lemke stated that the Planning Director's report indicates that this split is not in conflict with an adopted or proposed plan. Supervisor Richter stated that this property is not in conflict with the urban development, If the Board had the policy they adopted two weeks ago a zoning would have been required, The property to the west of this property is in one acre parcels or larger.-The property toward Chico Page 273. September 12, 1978 September 12, 1978 to the east and south would be in large parcels. Down the road and across the street from the proposed land split are small parcelse The people are upset because there is no zoning in the area. It is A-2. He would like to meet with both sides to see if an agreement could be reached in the matter. On motion of Supervisor Madigan, seconded by Supervisor Lemke and carried, the appeal was denied. AYESE Supervisors Lemke, Madigan, Moseley and Chairman Winston. NOES: Supervisor Richter. 78-1762 PUBLIC HEARING: BURT C. LOWEN - APPEAL OF CONDITIONS OF THE ADVISORX AGENCX CONCERNING THE STILES RANCH, INC. SUBDIVISION, AP 44-20-69, 71, 74 AND 76, 13 LOTS, NORTH AND SOUTH OF EAST AVENUE, WEST FROM HENSHAW AVENUE, SOUTH TO LINDO CHANNEL APPROX. 1 500 FEET WEST OF THE ESPLANADE CHICO. The public hearing on the Burt C. Lowen appeal of conditions of the Advisory Agency concerning the Stiles Ranch, Inc. Subdivision, AP 44520-69, 71, 74 and 76, 13 lots, north and south of East Avenue, west from Renshaw Avenue, south to Lindo Channel, approximately 1,500 feet west of the Esplanade, Chico was held at this time. Clay Castleberry, public works director, set out the background of the appeal. The map was submitted as a subdivision map according to the ordinance. The committee put the standard conditions on this property. It is a little bit unique in the fact that the proposed development and each unit would be considered on its own for improvements according to the developer, The developer would like to address the matter as a raw land division. The developer wants to postpone the conditions. He wants to develop each individual parcel. Mr. Castleberry stated that his office would only consider this if there was an agreement to prohibit any future divisions or building permits until the improvements were c ompleted. ban Blackstock, county counsel, stated that he was opposed to this. This is a perfect opportunity for the county to end up holding the bag. There could be a problem of the extensive rights-of-way required off site. The Board cannot require off site requirements if these have not been obtained before future divisions are made. The county must insure that the improvements will be assured at the time of approval of the subdivision with regards to roads, drainage and any other major subdivision improvements. His recommendation is to look at the map as if it is going to be developed to the maximum extent. Then in order to approve the subdivision make sure there is a forceable agreement. Once the map is approved and the public report is issued, the county will have problems especially on off site improvements. There is no way to know what sequence the parcels will be developed. He felt that they should be bonded. The arrangement with Paradise Pines was completely bonded. Mr. Blackstock recommended that the Board come out with a policy decision and then refer the matter back to the committee at which timd they will be implemented. Hearing open to the public. Appearing: 1. Russ Croninger, Riegel and Associates. Mr, Croninger stated that with the letter from the Department of Real Estate the questions have been answered. The public report will inform the buyer of the improvements requixed. The developer is not objecting to the conditions. The Department of Real Estates says that a raw land offering can be issued, ~Ihe developer wished not to make the improvements at this time. The raw land offering by the Department of Real Estate is for one reason which is for master planning. The property was zoned. The whole area cannot be master planned with the conditions. 2. Burt Lowen. Mro Lowen stated that if the report says that improvements must be done then they have to be met. Page 274. September 12, 1978 September 12, 1978 Hearing closed to the public and confined to the Board. Chairman Winston stated that assuming this Board would impose the 23 conditions upon any purchaser of any of the parcels, that the raw land subdivision be approved provided however that on the sale of any of the 13 parcels that the following conditions will apply. If the State of California Division of Real Estate will issue a raw land offering public report that the purchaser of any of the parcels is advised that the county will impose the following conditions on this property would that be an adequate safeguard. Mr. Blackstock advised that he would like to submit his opinion in writing to the Board. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, it is the Board's policy that as long as the county is protected the Board supports any kind of development that will allow the smaller developer to develop and encourage orderly development and subdivision of property to allow the smaller developer to participate in raw land subdivisions. On motion of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, it is the intent of the Board to uphold the appeal and to allow a raw land subdivision with conditions waived on this division but applied against subsequent divisions of the land with Counsel to bring back findings for final approval. 78-1763 PUBLIC HEARING: 1978-79 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR $450,000 The public hearing on the 1978-79 Community Development Block Grant application for $450,000 was held as advertised. LarryL~Brooks, administrative office, stated that this is the second public hearing for the final application. The categories under E1 Medio would be for $250,000; (1) $~I~5,000 residential rehabilitation; (2) $75,000 acquisition and demolition; (3) $33,000 new housing construction; (4} $39,000 relocation; and (5) $58,000 public works activities. The categories under Chapmantown would be for $200,000: (1) $60,000 residential rehabilitation; (2) $65,000 acquisition and demolition; (3) $25,000 new housing construction; (4) $20,000 relocation; and (5) $35,000 public works activities. Hearing open to the public, Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the Chairman was authorized to sign the 1978-79 Coffinunity Aevelopment Block Grant application for $450,000, 78-1764 APPEARANCE: EAITH HAMPTON Mrs. Hampton spoke to the Board regarding Mr. Peterson>s tractors causing damage to Nord Gianeiii Road. The Sheriff's Office has issued citations. The District Attorney has filed three criminal complaints and two of his employees. She has continued to contact Mr. Castleberry since 1972 to have the tractors stopped. Public Works has issued a permit for Mr. Peterson to cross the road. He agreed to take care of the road. She has been before the Board regarding this matter several times. She asked that the Department of Public Works revoke the permit which allows him to operate equipment on the road and to take action to collect the cost spent by the county which is about $20,000 in the last two years. Dan Blackstock, county counsel, stated that he went out and looked at the road and discussed the matter with Public Works. He reported the information to the Board and the decision was to do nothing. ,..There is less than $100 in damage Tage X75 September 12, 1978 September 12, 1978 Mr. Castleberry stated that Mrs. Hampton has advised him that Mr. Peterson has damaged the road. He has seen marks on the xoad. This did not cause structural damage. The road was a gravel road and it did pocket out at the approaches to the bridge. It is difficult to maintain. There have been some repairs and blacktop was put in as a convenience to the property owners. Supervisor Richter felt that the Board should make a determination as to whether Mr. Peterson is violating the permit that was issued and if he has was it inadvertent or does it have to do with the violation continuing. Supervisor Lemke stated that he would like to have the information regarding the citations. The matter was continued to September 19, 1978 at 11:00 a.m. with Mr, Peterson to be notified that the Board is considering canceling his permit. 78-1765 APPEARANCE: MARGARET FLYNN Mrso Flynn stated that she was also concerned about the damage to Nord Gianellf Roado 78-1766 APPEARANGE: BERNARD ARNEZ Mr. Arnez stated that he had purchase property from Ben Culet in Bangor. He got a certificate of compliance to build a house. The fees were waived for the people prior to himself. He paid the fee. He wanted to know why he was required to pay the fee. Planning and Public Works Department to make a report to the Board on the fees for Mre Arnez's certificate of compliance. 78-1767 APPEARANCE: MARY GILBERT Mr. Gilbert stated that the people in the Honcut area would like ', to know what the Board is going to do in regard to herbicide damage. Tt is time to replant the trees and if there is going to be spraying allowed next year it will be planting the trees for nothing. ', Chairman Winston advised Mrs. Gilbert that he will get a '; report from the Agricultural Commissioner and send a copy to her. 78-1768 CONTINUED BOARD OF SUPERV.LSORS COMMENTS TO 1977-78 BUTTE COUNTY GRAND ', JURY FINAL REPORT The continued Board of Supervisors comments to the 1977-78 Butte County Grand Jury Final Report was held at this time. County Administrative Officer.Lpage 20: The Board agrees with the recommendation and implementation ,!" progress has been made. Count Administrative Officer a e 21: The Board agrees with the ', recommendation and implementation of progress has been made. Purchasing, page 22: The Board recognizes the problem of dependence on CETA. Purchasing, page 23: The Board concurs with the Administrative Officer's comments. Clerk, page 2~: Concur with Administrative Officer's comments. Clerk, page 25: No comments. Clerk. page 26: Concur with Administrative Officer's comments. Page 276, September 12, 1978 September 12, 1978 Supervisor Richter stated that there is a real problem here. He knows of landlords that have come to him with six, seven or eight voter registration cards and telling him that they do not know of the people who are on the cardso The matter to be called to the attention of the County Clerk. Recorder, page 27; No comment. ', Butte County Fire Warden, pale 28: Qoncur with recommendation. Public Guardian,paQe 29: No comment necessary. County Counsel, page 30: Changes as are possible are being made by the Board to allow more time for Counael to render decisions, Veteran's Service Officer, page 31: No comment, Education, page 32: This matter is mute and hopefully the invitation will continue. Education, page 33: No comment. Education, page 34: No comment. Education, page 35: No comment, Education, pale 36; No comment, Farm and Home Advisor a e 37: The Board recently authorized the Farm Advisor to petition the state for a home advisor which will accomplish the recommendations, ', Farm and Home Advisor, pale 38: Concur with Administrative Officer's comments. Library services, page 39: Concur with Administrative Officer's comments. Library services, page 40: Coneur with Administrative Officer's comments. Library services, pale 41: The Board agrees, Library services, page 42: Concurawth Administrative.~gf~i:cer~:s~coimnents. _, these m r~_ersr Welfare, page 43: Concur with Administrative Officer's comments> Welfare, page 44: The problems have been solved. Welfare, page 45: The Board intends to examine very carefully the suitability of space in the Ghico Welfare Officeo Welfare. page 46: Concur with Administrative Officer's commentso 78-1769 APPROVE AGREEMENT AND TRANSFER OF RIGHTS FOR BIDWELL RIVER PARK TO STATE DEPARTMENT OF PARKS AND RECREATION On motion of Supervisor Lemke, seconded by Supervisor Richter and carried, the agreement and transfer of rights for Bidwell River Park to the State Department of Parks and Recreation was approved and the Chairman authorized to sign. AYES: Supervisors Lemke, Moseley, Richter and Chairman Winston. NOES: Supervisor Madigan. Supervisor Madigan asked if any consideration had been given to the mineral rights. Historically big counties do not seta anything without reservation of mineral ~~ghtsi~, Page 277. September 12, 1978 September 12, 1978 Dan Blackstock, county counsel, stated that under the original grant by the state- the county only got the property for use only. They did not get the gravel, Supervisox Madigan stated that this would include the sand and gravel the county has been getting for free for yearso Jerry Hughes, CARDS stated that he was sorry that Mr. Castleberry was not present. After discussion regarding the deed, he agreed that not much would be gained by retaining the park. 78-1770 CONTINUED BOARD OF SUPERVISORS COMMENTS TO 1977-7$ BUTTE COUNTY GRANS) JURY FINAL REPORT The continued Board of Supervisors comments to the 3.977-78 Butte County Grand Jury Final Report was held at this time. Welfare, page 47: The Board does not understand the portion of the bill that the Grand 3ury is referring to. Public Health, page 48: Concur with Administrative Officer's comments. Public Health, page 49: The Board took action at the request of Dr. Svihus which in effect accomplished the recommendation. Mental Health, page 50: Portions of the Detox Unit is now being used as a Recovery House. Mental Health, page 51: Concur with the recommendations. Mental Health, page_52: With the new facility recently opened careful supervision is now possible. Economic Opportunity Council, page 53: Concur with Public Works' comments. Law Enforcement, pap.,,e 5~+: Inmate labor to be utilized to level rough spots in the exercise area in the Juvenile Hall. Law Enforcement a e 55: The Board is continuing a:c:aonstant:~~study:with the current investigation being made into centralizing of power and contracting out. Law Enforcement a e 56: Concur with Administrative Officer's comments. Municipalities, Districts and Commissions page 57: Services performed should be charged for provided if allowed by law. Irrigation and Water Districts, page 58: No comment. Irrigation and Water Districts, page 59: No comment. Irrigation and Water Districts, page 61: The Gridley sTransfer Station is now open therefore the problem is obliterated. Mosguito__Abatement Districts~__page_63o Concur with Butte County Mosquito Abatement District comments. Butte County Planning Department,_page 64: Concur with Interim Planning Director's comments. Butte County Planning Department, page 65: Reorganization is now under study by the Board of Supervisors. Page 278. September 12, 1978 September 12, 1978 Butte County Agricultural Department, page 67: Concur with Administrative Officer's comments. Butte County Agricultural Department, Wage 69: The Board stresses the ', need for cooperation and courtesy. Public Works, Wage 70: Over the years. an effort has been made to place the cost on the users. This has been accomplished, The costs of the recommendation would be in the magnitude of $750,000. Public Works, page 71: The Board of Supervisors feels that the competition will control prices. Public Works, page 72: Proposed reorganization is now under consideration. Special Assignments, page 73: Concur with Administrative Officer's comments. Special Assignments, page 74: Concur with Administrative Officer's comments, Special Assignments, page 75: Concur with Administrative Officer's comments. General remarks and recommendations, page 76: The Board urges completion of all procedure manuals this fiscal year. General remarks and recommendations, page 80: It would be imppssible to comply in view of the responsibility to the voters of the people of the ', County of Butte. General. remarks and recommendations, page 81: The Board accepts the recommendation in the spirit made and attempt to make an effort to be aware of the problems. General remarks and recommendations, page 82: This will be taken care of in the nes~ complex. General remarks and recommendations. page 83: No comment. 78-1771 CONTINUED PUBLIC HEARING: 1978/79 BUDGET AND FINAL HEARING ON REVENUE SHARING The continued public hearing on the 1978/79 budget and final hearing on revenue sharing was continued to September 13, 1978 at 7:30 p.m. 78-1772 COMMUNICATIONS A. E, Noble, et al, Oroville. A letter has been received requesting that no further development be allowed along Dry Creek Road in the Pentz area. Referred to Public Works< Edward J, Falkenstein, Paradise. Mr. Falkenstein writes concerning the need for a street light at the corner of Oliver and Skyway in Paradise. The matter is under negotiation at the present time. Bill Skulls, Chico. Mr, Skulls writes concerning the general assistance work program requirement. Welfare Director asked to make comments September 19, 1978. City of Temple City. Jack R. Tyre11, mayor, writes concerning the qualifica- tions and abilities of Mrs. Joan Coleman in the operation of San Gabriel Valley Humane Society. The matter will be considered at a later date. 1 Mrs. Helen Lantis, Chico, Mrs. Lantis writes in support of continuing library service at its present levels. Information; no action taken. Page 279. September 12, 1978 September 12, 1978 Josephine R. Terry, director of libraries. Mrs. Terry forwards the 1978 California Public Library Report in compliance with California Education Code Section 19169. Information, no action taken. Paradise Fire Protection District. The District writes concerning adequate funding fox fire protection services in regard to Senate Bi11 2212. To be considered during budget session on September 13, 1978. : Paradise Municipal Advisory Council The Council writes concerning zoning of the south central and Nunelly areas of Paradise. Referred to the Planning Commission. Chico Area Recreation and Park Districts The District forwards "agreement and transfer of rights for Bidwell River Park" to theState ', Department of Parks and Recreation. The District requests that the Board approve the contract and authorize the Chairman to signs The matter was handled earlier in the meeting. U. S. Department of Labor. William J. Haltigan, regional administrator, writes concerning the performance assessment of the Butte County CETA Program. See motion following communications. Robert D. Reynolds, Paradise. Mr. Reynolds writes in opposition to the ', service charge of $10.41 for County Service Area ~~13, Herman Road area. The letter was considered at the time of hearing earlier in the meeting. 78-1773 BUTTE COUNTY TITLE I ANNUAL PLAN FOR 1978-79 APPLICATION IiAS SEEN RECONSIDERED AND ~60ARD CONCURS IN RECOMMENDATIONS OF PERSONNEL AIRECTOR Jim Rackerby, personnel director, stated that his office has discussed the problems in the Title I grant with the Department of Labor. Another letter dated September 6, 1976 from the U.S. Department of Labor refers to the 'title I program. The position of the Department is one of measuring the performances against the standards that they have set themselves. The position they are taking in both letters is the costs of placing. people in unsubsidized jobs are higher in title I programs. The county's ', title I program was modified to put twenty law enforcement officers in the program. The county realized the cost and placement cost. The recommendation the Board approved two weeks ago was to continue on into the new fiscal year•~until the new CETA regulations are out. The Department of Labor is now saying the Board has that prerggat3,w~. It should be designed to help low income people get jobs. .The county finds itself in ', the position of responding to the Department of Labor, The county is in the position of either getting rid of twenty police officers and going back to minimum wage or notifying the Department of Labor that it is the prerogative of the Board that after the new regulations have come out the program should be re-analyzed. One pxoblem is the title I program which is less than $1 million and only a portion of about 6% of the entire programs It has treater] unrest. At present there are 22 jobs in public service employees, 40 jobs in work experience, 45 jobs in the private sector in OJT program and 150 in the school The plan that CETAC presented was to continue the PSE at 22 persons, decrease the work experience to 35 jobs and maintain the 45 jobs in OJT program. The Bepartment of Labor has zeroed in on one point. They have used an administrative intrepretation of what is reasonable and sent the grant back for review. If the county delays to the end of the month the county does not have the funding for the grant and program. Action must be taken. The Board has considered putting high cost low term programs in Title I. Some of the things discussed earlier like AB 90 may do this. Those will come out of title I and then the county will be able to go into work training etc. If the Public Works grant is available, he suggested that CETA workers be used. The County can eventually take. title I out of PSE and put intawork'-B,iYaining. This is not realistic at this time. Page 280. September 12, 1978 September 12, 1978 On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the Board has reconsidered the 1978-79 application and concur in the recommendations of the Personnel Director subject to ', approval by CETAC. 78-1774 DISCUSSION: MAC RECOMMENDATIONS ON ZONING Supervisor Richter stated that the MAC information regarding zoning should be given to the Planning Commission and staff to go over the recommendations .nand publish and have notices and hearings rather than MAC having the official hearings. Chairman Winston stated that this was the intent. MAC is not going to usurp the Planning Commission. MAC only makes recommendations. 78-1775 DTSCUSSION: NINE NORTHERN COUNTIES ASSOCIATION MEMBERSHIP DUES The matter of the Nine Northern Counties Association ?~miembership dues discussed at this time. It was felt the matter to be discussed at ', budget session. 78-1776 DIRECTION TO COUNSEL RE: WATER AGREEMENT Dan Blackstock, county counsel, stated that there had been special legislation that went in to the Legislature requested by the Department of Water Resources in order to allow the county to na longer pay on their entitlement. The legislation died. The Aepartment of Water Resources informed him that they think they have other means. He hoped to hear from them in a month. He has an appointment to discuss the proposed contract with PG&E for water and wanted the Board's direction in the matter. The intent would be to approach them on the basis of the letter that he sent to the Board some time ago. PG&E would make payment on the entire option with the right to buy back whatever the Board felt appropriate at whatever price the county is selling the water to them. Supervisor Lemke felt that in any o£ the negotiations one of the concerns would be human consumption. Discussion of the formal notices from the water users held at this fiime. Mr. Blackstock stated that the users have not sent him a formal notice at this time. It is only verbal. They have asked that if the plant is built in Bufifie County that the water came from the county's share instead of from PG&E water, Chairman Winston felt that as far as PG&E was concerned it was impaxative to protect the water users (human consumption). That as a priority there will be water available fox human consumption, ', The Board directed County Counsel to get the formal letters from the water users relative to project water vs PG&E water, Counsel is to secure a copy of the proposed agreement. He is to hold the matter up in the air as much as possible. 78-1777 SUPERVTSOR LSE GIVEN PERMISSION TO LEAVE THE STATE THE FIRST TWO WEEKS IN OCTOBER ', Supervisor Lemke was given permission to leave the state the first two weeks in October on a working vacatian. 78-1778 ACCEPT GRANT AND FUND CONSUMER FRAUD UNIT FOR COMING YEAR 1978-79 Supervisor Madigan stated that he had received the agenda for CCCJ meeting regarding an increase in the grant for the Consumer Fraud '. Unit. It was moved by Supervisor Madigan, seconded by Supervisor Richter that the grant be accepted and the Consumer Fraud Unit be funded for the coming year 1978-79. Page 281. September 12, 1978 September 12, 1978 Supervisor Lemke stated that he had one concern. The Board has received a memo from the District Attorney about how much revenue the program generates and he voted against it because of the amount in addition to the $7$,000. Tt has been pointed out there will be another additional $15,000 plus. He was going to vote for this final year's fundfng through the CCCJ grant. Zf that program is so well producing he suggested that next year Mr. Leach include in his budget and request staff. Chairman Winston stated that law enforcement based upon payment is not right. Supervisor Madigan had said that the Unit was wanted for two years. Two years is up, The people involved should have been informed regarding the two year program. Supervisor Richter felt that in the discussions and what has taken place that there is a good chance the county could get sued. There was an indication from some of the people he has talked to that the discussions could be construed in a court of law against them. Vote on motion: AYES: Supervisor Lemke, Madigan and Richter I30ES: Supervisor Moseley and Chairman Winston Motion carried. RECESS: The Board recessed at 1:~r0 p,m. to reconvene on Wednesday, September l3, 1978 at 7:30 p.ma Page 282. September 12, 1978