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HomeMy WebLinkAboutM092579September 25, lg7g 79- RECONVENE: The Board reconvened at 8:00 a.m. pursuant to recess. ~ Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Nickelson, administrative officer; Jim Johansen,•~auditor; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board 1555 PUBLIC HEARING: 1979-80 BUDGET AND REVENUE SHARING HEARING The public hearing on the 1879- 0 budget and revenue s'hari~ig hearing was held as continued. Supervisor Winston stated that he found it difficult to subscribe to overbudgeting and underspending 'because it delays part of the agony for one more year. The cups to be made will be none this year, 50~ next year. He anew there would be revenue sharing in the budget and there was nothing he could do about it. He could not convince anyone that the cuts should be started this year. The area were the cuts are going to have to come from are the nuts and bolts of the county. He has been familiar with the departments. He has yet to see a great number of people sitting doing nothing. It is questionable whether there can be any cuts • -made with the Fire Department and-the Sheriff's Office., He did not know i£ it was possible to reduce the Szriff's budget. The Fire Department, he supposed, would be on a more and more volunteer basis.. There is .the Library and a great deal of difference towards social and economic effects of providing the Library services.- With Public Works it might mean driving on pot holes in the road. There are-probably some areas in the~Health Department that could be reduced. Cuts in the. Welfare would not help balance the budget. They could fire ,every CETA employee and dismantle the Welfare Department and. it would not help. He considered to potential liablity~that will occur i£ Paradise incorporates. The county has operated with a lesser reserve. He looked at the agreement with tree City of Chico regarding the library services. It refers to the fact. that the county is in financial straits at this time but that an effort will be made and the county will explore all financing efforts and the city will assist in this effort. to try to find the funds to. build the lirary. The agreement is tied to the availability of funds. He would-like to honor the commitment to the city. He did not think it could be done. He suggested that~if the Board uses. Revenue sharing to balance the budget, that the Board. instigate an immediate effort to cut back in the other departments. They will find that it will be so costly in .not getting things done when they should be @one that local goverment will be effectively handcuffed and destroyed. The augmentation allocation will have a very positive effect on the budget because of-the allocation. ~to the County Fire Department and the Library: The county can.pick~up anywhere from $302,000 to $8gg,000 depending on the alternative the Boas.d uses. He felt that every department should make reductions similar to Public Works reductions. Clay Castleberry, public works director, stated that if the Board follows through with Chairman Lemke's suggestion there are several things that will not happen... They will start right now ~to build a reserve' for 1g80-81 .. Thgrdelayed filling positions last year. Clif Nickelson, administrative officer, stated that Supervisor Winston is talking about making across the hoard cuts. There is only one' place to make the cuts and this is on the property side. This will result in have and have not departments. There are some departments with no property taxes involved. There is a small segment o£ the departments having to share the brunt of the cuts. Page 174- '. September 25 , 1979 / ,, September 25„ 1879 79- Discussion of the Air Pollution Control subvention grant held 3 at this time. Joe Bandy, agricultural commissioner, stated that if the subvention is not provided by the state it will cost the county about'. $108,000 or they will have to make some cuts in the unit. There is about $75,000 that comes from local monies and $31,000 subvention from the state. The state can perform the functions for the county. Mr. Mickelson stated there is nothing in the code sections that keeps the county from removing all funding and not operating as an Air Pollution Control District. The state would then come in and operate the program. Mr. Bandy stated that this goes beyond agriculture. The county has just gone through a non-attainment plan. It could eliminate anything growth oriented. It will impact the land use in northern California. The new rules and regulations proposed will dictate to local governments what types of things can go in and what cannot. Discussion of the possibilites if positions are not funded so hat departments can operate.held at this time. Mr. Mickelson stated that the Board. could get to the point of where a suit could be filed to impel the hiring of positions. That would be if the department gets to the point of not being able to perform their constitutional duties. Supervisor Winston stated that Proposition 13 allowed for increases in taxation upon the vote of the people. He wondered if it wouldn't make better sense to prepare an initiative for the people explaining the sa.tuation the county is in and if the people want the county to run and maintain the level of services they will have to authorize an increase is a special tax. If the answer is No, then effectively the people have said turn the administration of the county wer to the state and federal governments. He felt this made more sense than trying to go into the departments and stripping out to make. .gyp the money needed to fund the budget. He felt that this should be sxplored through the Northern Counties Supervisors Association. Dan Blackstock, county counsel., stated that there was a bill gassed which would give the county some relief. There are certain types if taxes that can be increased by a vote of the people. The Legislature i.s considering a transfer tax. Mr. Mickelson stated that AB 8 took into consideration along ,rith SB ,154 gTavist©ns where taxes were before Proposition 13. The ?ire~Department was funded by sales tax and therefore received no Benefits from these bills. The City of Chico could annex the North Talley Mall and the county would lose ~1 million. Supervisor Winston felt that the people have a choice of whether :hey want the services they now have and are willing to pay for. People to not want Library, fire and police protection reduced. He assumed the people were willing to back this request. Government is being dismantled _f the reductions in the departments take place. He felt the people Could be willing to support retaining local government. iECESS: The Board recessed at g:Op a.m. to reconvene at g:25 ~.m. for the regular Board meeting. Page 175. September 25, lg7g OF CALIFOIttTIA ) SS. OF BUTTE ~ 79- d 1556 1557 1558 1559 1560 1561 September 25, 1979 The Board of Supervisors reconvened at 9:25 a,m, pursuant to recess. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke, Clif Mickelson, administrative officer; Dan Blaca~cstock, county counsel; and Clark A. Nelson county clerk, by Nancy Wilson deputy clerk. Pledge of Allegiance to the Flag of the United States Invocation by Supervisor Moseley APPROVAL OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the minutes of September 1$, 1979 were approved as submitted, ADOPT ORDINANCE NO. 2046 REGARDING SALARY AMENDMENT WITH BC EA AND LAW ENFORCEMENT OFFICERS' ASSOCIATION TO BE EFFECTIVE OCTOBER 27, 1979 On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, the second reading of the ordinance was waived regarding. the salary amendment which implements the first phase of fhe Memorandum of Understanding with the BC EA and the Law Enforcement Officers` Association to be effective Oct- ober 27,, 1979; Ordinance No. 204b was adopted and the Chairman authorized to sign. ADOPT ORDINANCE NO. 2047 REGARDING BOARD OF SUPERVISORS' COMPENSATION BY A PERCENTAGE EQUIVALENT TO THE EMPLOYEES' ADJUSTMENT TO BE EFFECTIVE NOVEMBER 24, 1979 On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, waived the second reading of salary, ordinance amendment increasing the Board of Supervisors' compensation by a percentage equivalent to the employees' adjustment; Ordinance No. 2047 was adopted and to be effective November 24, 1979 and the Chairman was authorized to sign. ADOPT RESOLUTION NO. 79-193 OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF SUPERVISORS FOR COST-OF-LIVING RAISE On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, a resolution of intention to amend the county's contract with the Public Employees' Retirement System to provide the cost-of-living raise for employees who retired prior to July 1, 1974, and sets forth the estimated cost of the benefit; Resolution 79-193 was adopted and the Chairman was authorized to sign. APPROVED MODIFICATION OF COUNTY POLICY REGARDING CETA PSE TRAIN- ING COSTS On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the.uutte -County policy regarding CETA PSE expenses for transportation, food and lodging for out-of-county training approved by the Director was approved. APPROVED CETA :PROJECTS RECOMMENDED BY CETAC AT 5'EP.TEMBER 19 MEETING O F C ETAC On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the %ETATitle VI Projects forwarded by CETAC and recommended Page i76 September 25, 1979 „~.,~.....,r._.~. ~._.,c...~m.t~.._....~___~~_.__W_-~- 79- 15b2 1563 1564 1565 i 566 15681 September 25, 1979 at their September 19 meeting were approved. APPROVED THE INTER-:BUDGET TRANSFER OF $9,000 FOR CETA SYEP On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the inter-budget transfer of $9,000 from administration to participant services for the Summer Youth Employment Program was approved, SET PUBLIC HEARING DATE OF OCTOBER 30, 1979 AT 10:00 A.M. FOR THE FORMATION OF COUNTY SERVICE AREAS #67 THROUGH #74 (STREETLIGHTING) A public hearing date for Octo er 30, 1979 at I0:00 a.m, was set for the formation of County Service Areas #67 through X74 (streetlightingo APPROVED JOINT POWERS AGREEMENT BETWEEN THE COUNTY AND COUNTY SUPERVISORS ASSOCIATION OF CALIFORNIA AND APPOINTED SUPERVISOR WINSTON AS DIRECTOR AND ALTERNATE STEVE REPLOGLE TO THE EXCESS INSURANCE AUTHORITY BOARD OF DIRECTORS On motion of Supervisor Winston, seconded by Supervisar Moseley and unanimously carried, the joint powers agreement has been prepared between the county and the County Supervisors Association of California to participate in the feasibility study of purchasing excess insurance" Supervisor Winston was appointed director to the Excess Insurance Authority Board of Directors and Steve Replogle was appointed as alternate, was approved and the Chairman authorized to sign. SET PUBLIC HEARING DATE OF OCTOBER 30, 1979 AT 10:15 A.M. FOR THE PETITION FOR CANCELLATION OF LAND CONSERVATION ACT AGREEMENT- #5 GREENTREE ESTATES/MIDWAY ORCHARDS A public hearing date of October 30, ]979 at-IOaS a.m, was set for the petition for cancellation of Land Conservation Act Agreement - #5 Greentree Estates/Midway Orchards. AMENDED CONFLICT OF INTEREST CODE - GRIDLEY UNION SCHOOL DISTRICT WAS TAKEN OFF AGENDA The amenen~ce cd~on lict of interest code with Gridley Union School District was taken off the agenda , HELD OVER FOR ONE WEEK WAS REPORT TO THE BOARD ON DEVELOPMENT OF REQUEST FOR PROPOSAL FOR DATA PROCESSING SYSTEMS AND HARDWARE The report to the Board on development of a Request for Praposa for Data Processing systems and hardware was held over for one week. CONTINUED FOR ONE WEEK THE 1980 BLOCK GRANT PROGRAM AND BUDGET APPLICATION REQUEST Supervisor inston stated he had not had time to -go through the grant application information and questioned if there was a deadline, he would like to have it held over for one week, James Mc Naughton, executive director of :Community Action Agency, stated there was a deadline of October 1. Chairman Lemke stated if every department head in the future would allow two weeks for the Board to review projects with grant applications that need approval it would be most helpful. Page 177 '. September 25, 1979 September 25, 1979 79- a 0 0 o 0 0 0 o c c o o c e e c o c~__= n e o o o c o~ o ~ a On motion of Supervisor Moseley, seconded by Supervisor Dolan that the and approve the Block Grant Program and budget and authorize the Chairman to sign as made. Supervisor Dolan stated she did not get a change to read the informafiion d agreed with Supervisor Winston regarding tabbing; this item for one week. Mr, Mc Naughton stated if it was a real problem he could get a waiver it has had to go to two boards for approval. Supervisor Moseley withdraws her motion at this time. The item was bled for one week. 1569 APPROVED CONTRACT AMENDMENT FOR WEATHERIZATION PROGRAM On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, contract amendment for the Weatherization Program transferring $1,345 from program account 21 (,Vl~eatherizatinn} to'program account 22 (Crisis intervention} to cover emergency energy assistance payments to s'ix eligible program applicants implementing the transfer with the State Office of Economic Opportunity was approved and the Chairman authorized to sign. .1570 1571 1572 1573 APPROVED SUBMISSION OF BUDGET MODIFICATION REQUESTS FOR RURAL SENIOR SERVICES PROJECT On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, budget modification in the amount of $2,175 to purchase a IBM Selectric typewriter, slide tape machine with projector, four-drawer file cabinet, electronic calculator, two stethoscopes, four spygomanometers and 21 homemaker aid smocks for the Community Action Agency administration and Rural Senior Service Project staff was approved, APPROVED DISSOLVING THE BUTTE CHAPMAN TOWN HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD COMMITTEE IN CHICO On motion of Supervisor Winston, seconded y~Supervisor Wheeler and unanimously carried, thaf the Chico -Butte Chapmantown Housing and Community Development Advisory Board committee be dissolved. C3ffice. A letter of appreciation is to be sent to the cammitte by the Administration ADOPTED RESOLUTION 79-194 AUTHORIZING THE AIR POLLUTION CONTROL OFFICER TO MAKE FINAL APPLICATION FOR 1979-80 SUBVENTION FUNDING FOR THE AIR POLLUTION CONTROL DISTRICT On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the final application far the 1979-80 subvention funding for the Air Pollution Control District in the amount of $105,044 (state, $3],632; local, $60,864; and indirect cost allocation, $12,548) Resolution 79-194 was adopted authorizing the Air Pollution Control Officer to make final application and the Chairman authorized to sign. APPROVED THE SUBMISSION OF AGREEMENT WITH THE STATE DEPARTMENT OF FOOD AND AGRICULTURE FOR MILK AND WATER EXAMINATION On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, an agreement with the State Department of Food and Agriculture Page 178 September 25, 1979 79- 3 September 25, 1979 covering laboratory services for milk and water examination for the period July 1, 1979 through June 30, 1980 in the amount of $2,488,50 of state money the submission was approved and the Chairman authorized to sign. APPROVED TREASURER -TAX COLLECTOR ITEMS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following items were approved; 1574 1. Denied claim far refund of taxes paid -Jana Wilson, AP 12-21-2-37, 2, Authorized penalty relief claim for refund -Paul A. Anderson, AP 47-29-29, 3, Authorized penalty relief claim for refund -Robert Sampson, AP 43-05-3-47, 4o Approved auctioneer's application and bond for alicense - Dell Shuffield. APPROVED ACC EPTANCE OF IMPROVEMENTS OF PARADISE PLAZA SUBDIVISION 1575 On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, accepted road and drainage improvements, authorized release of letter of credit covering performance and Jabor and materials bonds and commenc~J the one-year maintenance period for Paradise Plaza subdivision .. ADOPTED RESOLUTION 79-195 FOR STIRLING CITY DISPOSAL SITE ROAD EASEMENT ABANDONMENTS AND RESOLUTION 79-196 FOR BUTTE MEADOWS DISPOSAL SITE ROAD EASEMENT ABANDONMENTS SETTING PUBLIC HEARING DATE50F OCTOBER 30, 1979 AT 10:30 A.M. On motion of Supervisor Wheeler, seconded by Supervisor Moseley aril unanimously carried; Resolution 79-195 setting a public hearing date of October 30, 1979 at 10:30 for the Stirling City disposal site road easement abandonment and Resolution 79-1.96 setting a public hearing date of October 30, 1979 pt 10:30 a,m, for the Butte Meadows disposal site road easement abandonment were adopted and authorized the Chairman to sign, 1576 DISCUSSION: THE USE OF AN ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF ON-SITE AND OFF-SITE IMPROVEMENTS INCLUDING DRAINAGE 1577 There was discussion regarding the policy direction concerning the use of an assessment district for the construction of on-site and off-site improvements including drainage, Dan Blackstock, county counsel, stated he did not recall any previous assessment district other than Skyway about drainage. Clay Castleberry, public works director, stated there was one in the Meyers greet assessment district, Mr. Blackstock stated it was a small oneo Mr, Castleberry stated he would recommend it if everything is okay to go ahead, .:. Page 179 September 25, 1979 September 25, 1979 79- Mr. Blackstock stated we should keep in the back of our minds to go `~ to assessment districts for drainage on on-site and off-site improvements. He questioned who was going to maintain the district, Clay Castleberry stated it is one of the conditions of maps that they form a drainage maintainance district. There are others that are going that way in Thermalito. There are 12 blocks. He stated that it is presented to the Board and it has not been finalized or adopted. That the Environmental Review Department would ask for an impact report. When it was presented for zoning there was a negative declaration for this referring to drainage, It will be a development, They are considering how other lots in the areas should be handled, he thought it should be in the city. Chairman Lemke stated he felt it was the buyer of the house who is going to pay the bi I I . Supervisor Dolan was told that the final map would come .before this Board of their approval, On a tentative map it is put on as a condition. Bettye Blair, planning director, stated it was zoned for this. Mr. Castleberry responded to Supervisor Dolan's question that there had been one hearing on the zoning before the Board on this item. Each case is heard individually and case by case. Bettye Blair stated fhe Planning Commissian had approved the °R-2" but was not sure it had been before the Board. Mr. Blackstock stated he did not consider that a policy. The Board Ees no problem wifh Mr.._Cnstfeberry going ahead, this is the reason for public hearings. 1578 INTERTRANSIT CLAIM #1 WAS REDUCED BY $13,000 On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the intertransit claim #1 was reduce l?y some $13,000 and the following changes were made: Increase the Chico participation by $1,600 and add $4,825 for the ticket exchange between Oroville Clipper and Paradise Clipper and the Chico Clipper services. 1579 ADOPTED RESOLUTION 79-197, 79-198 AND 79-199 ON MEYERS STREET ASSESS- " MENT DISTRICT NO. 1 On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following resolutions regarding Meyers Street Assessment District No. 1 . were approved and the Chairman authorized to sign; recording and filing ofi notice of award of contract were authorized; 1. Resolution 79-197 -Awarding the contract to Butte Creek Rock Company. 2. Resolution 79-198 -Directing the notice of increased fees. 3. Resolution 79-199 -Amending the designation of special band counsel, Yage 180 September 25, 1979 September 25, 1979 '19-1580 3 1581 ADOPTED ORDINANCE NO. 2048 REPEALING SECTION 13-120 AND 13-122 OF THE BUTTE COUNTY CODE RELATING TO ESTABLISHMENT OF TEMPORARY PERMITS FOR GRAVEL AND AGGREGATE EXTRACTION On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, waived the second reading of an ordinance repeating Section 13-120 and i3-122 of the Butte County Code relating to the establishment of temporary permits for gravel and aggregate exfraction and adopted Ordinance No, 2048 and authorized the Chairman to sign. COUNTY COUNSEL'S ITEMS WERE HELD OVER ONE WEEK T e fo lowing items from County Counsel's Office were held over for one week: 1 . Amending Chapter 1 of the Butte County Code regarding penalties 1582 1583 for infractions, 2. Amending Chapter 27 (electricity) of the Butte County Code; 3. Amending Chapter 26B {mechanical) of the Butte County Code; 4. Amending Chapter 28 {plumbing) of the Butte County Code; and 5, Amending Chapter 26 {buildings) of the Butte County Code. Dan Blackstock, county counsel, stated item 1 above was a request from the District Attorneys' Office relative to misdemeanors to help the prosecution. Supervisor Winston stated that the area regarding county codes was a sensitive area and he would like an opportunity to read the material more closely. 1ELD OVER FOR ONE WEEK -RESOLUTION DIRECTING DEPARTMENT OF PUBLIC WORKS TO ENFORCE PART 2.1 OF DIVISION 13 OF HEALTH AND SAFETY CODE 2E: MOBILE HOMES AND ACCESSORY BUILDINGS The adoption of a resolution directing the Department of Public Works ~o enforce Part 2,1 of Division i3 of the Health and Safety Code re: mobile homes and accessory buildings was continued .until October 2, 1979, COMMUNICATIONS State Department of Transportation. The department writes concerning correspondence • . , they have received relative to the Heinke rezone. To be considered later in the meeting, Norris and Alice Robison, Oroville, Mr. and Mrs. Robison write appealing the Advisory Agency's approval of the .J, A, Sigfrid parcel map, AP 36-22-166, four lots, west and south of Foothill Boulevard, approx- ima#ely 1,200 feet off of Foothill Boulevard on the existing easement. Set for hearing October 16, 1979 at 10:00 a.m. Ron Graves & Associates, Oroville, The surveyor, on behalf of Ran Edmundson, appeal the Advisory Agency's denial of a negative declaration and tentative parcel map, AP 26-24-2-04, four lots, between Esperanza Avenue and Palermo - Honcut Highway, approximately 275 feet east of Lincoln Boulevard, Palermo area. Set for hearing October 16, 1979 at 10:15 aam, Robert M. Huskey, civil engineering, Oroville, The engineer, on behalf of Robert Beever and Lee Fickes, appeals the Advisory Agency's denial of Page 18i September 25, 1979 September 25, 1979 79- a negative declaration and subdivision map, AP 30-38-04, 12 lots, east ~' side of 16th Street at the intersection of Plumes Avenue, Thermal ito. Set for hearing October 16, 1979 at 10:30 a.m. Wayne R. Bird, Durham. Mr. Bird writes appealing condition #14 relating to a permanent solution to drainage on a parcel map, AP 40-15-45, three lots, north side of Durham - Orovi I le Highway, approximately 500 feet east of Lott Road, Durham. Set for hearing October 16,• 1979 at 10:45 a.m. Bachman & Associates, Chico. The engineerrs;,on:behalf of Mr. and Mrs. Randall Van Dyke, write concerning delays encountered with regard to General Plan changes and the designation of orchards and field crops for the Sunset Hi I Is Gold Course in Chico, ft was felt the engineer should work with staff. Dorene Knight, Forest Ranch. Ms. Knight forwards information she has received from the Forest Knolls Development Company relating to their request to assist in construction of road improvements with the Forest Knolls Subdivision. Referred to Public Works and Counsel. Southern Pacific Land Company. The firm writes petitioning that AP 71-20-23 be placed in the timber preserve zone in accordance with the provisions of AB 1258 (1976). Referred to Covnsel. Mr. & Mrs. Delbert Schwab, Magalia. Mr, and Mrs. Schwab write concerning the air conditioning of the Paradise Recreation Center. Handled later in the meeting. Northern California Emergency Medical Care Council. The council sends notification of their agency receiving state funding which requires local porticipatian. Handled Eater in the meeting. Mr, and Mrs. Ronald E. Fry, Paradise. Mr. and Mrs. Fry write requesting that fihe Paradise Fire Protection District receive sufficient bail-out funds to continue present operations. Handled later in the meeting. Helen K. Graham, Paradise. Mrs. Graham writes concerning the maintaining of funding for the county library system. Handled later in the meeting. Emergency Medical Services Committee. The committee writes requesting that the Board reassess the reduction of funding assistance for Paradise Fire Protection District and also urges the non-cancellation of ambulance contracts for dry runs and indigent services. Handled later in the meeting. Mike Swiggart, Chico. Mr. Swiggart writes requesting the need for spiritual and religious services in the jail. Referred to Sheriff G~illick. Adrian C. Fondle, San Joaquin County. Supervisor Fondle writes forwarding San Joaquin County's resolution relative to the equal protection of the law for the agricultural industry. Referred to Agricultural Advisory Commission. Four Hills Mining Company, Burlingame. The mining company writes concerning Page 182 September 25, 1979 79- 3 1584 1585 September 25, 1979 = c o 0 0 0 o o e o c e e o o o o= c c o o= o 0 0 - a~ a c o additional state requirements covering mining operations. Referred to Planning Department, Environmental 'Zeview and Mining and Aggregate Committee. State Department of Water Resources. The department writes forwarding information concerning the dedication of the Enterprise Bridge to Judge B. Abbott Goldberg and the ceremonies to be held. Administration is to notify the Water Resources that Supervisor Winston will be present on Oc#-': ober 6, 1979 at 1:30 p, m . Assemblyman Eugene Ae Chappie. Assemblyman Ch7 ppie forwardsinformation concerning "Class K" housing regulations. Information; no action taken. USDA -Forest Service Tree Improvement Center, Chico. The center sends information inviting the Board to attend an informational hearing at the Chico Tree Improvement Center to be held October 18, 1979 at 9:00 a.m, Referred to Agricultural Advisory Commission. Congressman Harold T. (Bizz) Johnson. Congressman Johnson writes in follow-up to the Board's mailgram regarding the threatened closure of the Superior California Senior Citizens Nutrition Program. Information; no action taken. RECESS: 10:00 a,m, RECONVENE: 10:14 a.m. ADOPTED RESOLUTION 79-200 OF INTENT TO FORM COUNTY SERVICE AREAS 67-74 (STREETLIGHTING) On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, a resolution of intent to form County Service Areas #67 through #74 (streetlightingk Resolution 79-200 was adopted and the Chairman authorized to sign. PUBLIC HEARING: CONSIDERATION OF CLOSURE OF ENTLER AVENUE AT THE END OF THE COUNTY MAINTAINED ROAR ON THE EAST END WAS CONTINUED TO OCTOBER 16, 1979 AT 10:00 A.M. The pu lic eating on consideration of closure of Entler Avenue at the end of the county maintained road on the east end was held at this time. Steve Streeter, environmental review department, set out the background on the consideration of a negative declaration. The road.is 16 feet wide and approx- imately 100 vehicles use the road. In 1979 the Public Works -Department counted the number of vehicles and stated about 30 commercial trucks used the road. The people in the area are interested in closing to through traffic. It was felt East Park Avenue intersection was an awkward turn. His department recommended a negative declaration. Supervisor Dolan questioned why people would want to use this dirt unmaintained road over using the state highway. Hearing open to the public at this time. 1. Carol Carlson, Entler Avenue-Chico. Mrs. Carlson stated she was tired to telling her friends and relatives how to get out of her driveway without getting hit. That they might have to drive into the orchard if they meet an on-coming truck Page ]83 September 25, 1979 September 25, 1979 79- that is speeding and fram traffic coming off the Midway. She was not sure that her lectures would protect these people. Mrs. Carlson stated the 30 truck figure was her figure and it would be higher now. It>was felt the industrial park was placed so the traffic could go directly to the highway. She felt that when they have 75 houses out there it wouldn't be long before there would be I00 children, There are 18 wheeler's bearing down at 50 miles per hour and they are going to do some damage. She expected the Board to do something about this problem. Chairman Lemke questioned what trucks. Mrs. Carlson stated they were mostly out of the industrial park, their empbyees and a lot of college students going to Butte College use the road. She has had to drive into the orchard to get out of the way of on-coming cars and traffic, She felt the majority of the traffic was people going to the industrial park. 2. Harold Richins, Entler Avenue-Chico. Mro Richins felt that the trucks on East Park Avenue did have stop signs. In route to the meeting he was behind a gas truck and he knew there was no stop sign at the railroad and had he proceeded the truck would have hit him. He did not understand how these trucks were allowed to use ,private property. Mr. Richins was not sure of the number of accidents that had occured on 99 but-there had`beerr seven at Entler and Midway. He felt they should close the road before they had a problem like EI Paso Way. A lot of through traffic use the road and it is in a residential area. Mr. Richins recommended that the Board seriously consider closing the road so it can be used strickly by the people on the street. Mr. Clay Castleberry, public works director, stated that the County does not have the right of way it is a condition of a map. He stated Public Works would support the Board if it is best to close the road, that placing a barrier would be no problem. The right of way is public and the condition is on maps that it be improved . 3...Mary Gamble, Entler Avenue-Chico. Mrs. Gamble stated that the people felt it was a dangerous situation. They did have a petition signed and sent to the Board. She felt the only way the people from the industrial park should be allowed to use Entler Avenue is if the county makes improvements. Because it is so narrow and it is damaged. 4. Beverly Chambers, Entler Avenue-Chico. Mrs. Chambers stated that was not only the people from-ahe industrial park but it was gas trucks, logging trucks and Butte College students who were using the road as a cut off and she did not understand why they would want to use this road. The road is a mess, it has chuck holes and you can not tell where it used to have gravel. She felt they had no respect for other peoples property. There are 40 houses and if you have two cars per family or one teenager that makes for a total of 120 cars and it is a mess with those trucks using the road. Bettye Blair, planning director, stated that in September 1972 the Planning Commission had approved the zoning for the industrial park and she had sat on the committee reviewing the proposal and that alternate routes were considered and there was still a large industrial area available and she felt the concern about hhe road'was rea I and the county should do something about the road. This was a condition of the map and was given lots of consideration at that time. Page 184 September 25, 1979 79- September 25, 1979 Supervisor Winston questioned why the Planning staff had approved this area as there is the South gate Park in the same area. Ms. Blair stated there were two alternates and they went out onto 99E. It was before the Board. 5, Earl Dunn, Chico. Mr. Dunn stated that he and his wife owned commercial property in the Entler Avenue area. He stated the only way to exitfrom the Southgate Park was onto a speeding highway with an average speed of 64 miles per hour. Mr. Dunn questioned if Southgate's conditions of approval were to deed to the county or put up a bond to complete all of the improvements when all of the property had been purchased. He did not want Entler closed. The county should provide traffic circulation without creating a bottle neck, He felt by putting up a barrier it would compound the problem. He was concerned about the safety and the number of accidents and the access of emergency vehicles. He would agree to a breakaway barrier. It would reduce the congestion on the Midway and on the 99 intersection at 4:30 p.m. it becomes quite clogged. In addition it would be wasting gasoline and not convenient to the public, He felt poor maintainance was not a good reason for closing the road. He felt it was a county road and was to serve the needs of all the people ,nof just a few. He questioned if a compromise could be reached by limiting the size and Load limits of the trucks using the road. Mr. Dunn stated he would be interested if Mr. Richin's could obtain the information regarding the speed on this road. Hearing closed to the public. Mr. Richins stated he could appreciate Mr. Dunn's feelings as he owned commercial property in the area. But he felt that this road should be used by the private citizens who own property in this area. He was concerned about the safety of the children, as he has four. He stated it would be the Boards decision if it was to be a rural type road. The decision they make now is going to effect the area in the future and he hoped they did not have another EI Paso Way. Supervisor Winston questioned if he felt limiting the. truck size would help or did Mr Richins have any other solution. Mr. Richins stated he jogs to the end of Entler and back and the trucks travel at a high rate of speed, He does not know where they are going to, Supervisor Winston stated that if the road was maintained better they would have a bigger problem. Mr. Richins felt yes it would generate more traffic and increase the costs of the county. He felt that the road was too narrow to handle the type of traffic that is currently using the road. He discussed alternate routes that could be used. He cautioned the Board to consider the safety of the people who live on Entler Road. Mr. Castleberry stated there are advisory signsposted-thaw= the county does not maintain from that point, He stated that the trucks are long enough that when they turn they extend to the railroad tracks. In other areas where barriers have been placed people drive around them even though it is against the law. Chairman Lemke stated the previous Board had imposed conditions in 1972 and if they removed it what would it do to the map. Page i85 September 25, i 979 September 25, 1979 79- Dan Blackstock, county counsel, stated the condition would not be removed 5 as it is a deeded road. It is only for road purposes, they would be giving the land away. If we owned it under a free title we could sell it at an auction. Supervisor Wheeler questioned if it could be abandoned. Mr, Blackstockstated it would depend on what the deed reads if you have a free title on the easement. If it is an easement you no longer own it. Supervisor Dolan stated she `did not feel it was a rural road and they needed to deal with the railroad tracks near the Midway, She felt a barrier should be put up. Supervisor Wheeler questioned if there was an ordinance regarding through truck traffic . And could they initiate one, Mr. Blackstock stated there was not a county ordinance and the county did not have the authority to set weights and limits on roads. You could in the cities but not the counties. Supervisor Dolan felt they did have the power to improve urban safety regulations that may be needed. Clay Castleberry, stated he could not make a recommendation either way in this matter. Bettye Blair, planning director, was asked to take the matter regarding traffic elements to the Planning Commission and work with staff and bring a report back to the Board on October 16, 1979 at 10:00 a.m. There was discussion regarding the legal problem of ownership. The property that had been deeded to the county would have to be offered back to the original owner and allow them the option of buying the property. Mr. Richin's questioned why it was necessary to sell the property, leave it so that in 5 or 20 years from now the county may want it. Supervisor Winston stated he had a problem on his °street and that he had raised four children but he would not subject his neighbors to the inconvenience of closing the street. He stated he knew Entler Avenue was narrow and needed to be improved. They were not going to solve traffic problems now or in the future by closing roads and he would like to get the Planning Commission's reaction. The public hearing on consideration of closure of Entler Avenue at the end of the county maintained road on the east end was continued to October 16 at 10:00 a.m PUBLIC HEARING: JOHN HEINKE PROPOSED NEGATIVE DECLARATION AND GENERAL PLAN LAND USE ELEMENT AMENDMENT TO CHANGE FROM "MEDIUM LOW DENSITY RESIDENTIAL" TO"INDUSTRIAL" PROPERTY LOCATED WITHIN 1,320 FEET OF CLARK ROAD, AP 54-11-15, 26, 27, 34 AND AP 54-12-13 AND 19, PARADISE WAS SENT BACK TO THE PLANNING COMMISSION TO BE INCLUDED IN THE LAND USE ELEMENT AND LAND USE MAP The public hearing for John Heinke's proposed negative declaration and Page l86 . September 25, 1979 79- b _ September 25, 1979 _ general plan land use element amendment to change from a "medium low density residential" designation to an "industrial" designation property located. within 1,320 feet of Clark Road, approximately ~ mile south of Buschman Road, AP 54-11-15, 26, 27, 34 and AP 54-12-13 and 19, Paradise was held as advertised, Dan Blackstock, county counsel, pointed out the Board has already had two amendments to the General Plan Land Use Element, This hearing is also. for an amendment, Nis recommendation to the Board was to take no action on this item, Ne would suggest that it be incorporated in the Land Use Element that they have before them now, Chairman Lemke stated there was a letter from the State Department of Transportation relative to the Heinke rezone. Steve Streeter, environmental review department, set out the background on this project. One of their considerations was the terrain on Clark Road as it does drop off, The Planning Commission had placed a condition to 1,000 feet, it was in a limited industrial area. In the "1V1-2" zone there would be control over the noise, dust and etc. Their department did not feel am Impact Report was necessary and they recommended a negative declaration, Bettye Blair, planning director, set out the background on the John Heinke rezone and amendment change, She stated the Board had copies of the Planning Commission minutes, resolution and the original application . Ms, Blair stated County Counsel wishes this hearing to be continued to the Land Use Element and Text he paring to be held October ]6, 1979. Ms. Blair stated the reason for the 1,000 feet recommendationon•the west-side,of Glark for industrial designation and 500 feet on the east side of Clark Road was due to the physical terrain. Hearing open to the public. Appearing: 1, John Heinke, Paradise, Mr. Heinke stated the reason they requested this amendment was to protect their business as it is now. The business dates back to approximately .1925. It was there long before anybody that might be here to protest was in the neighborhood. They were after the protection of their business and he felt they should have the designation of what they are zoned on fihe books and records, The "M-2" zone is only one they are allowed the type of business they have and they feel they should be given that zone. They have a family business and they feel they have been a service to the community of Paradise, They would like the protection for their business and be able to expand, Their business employs .20 full time people and 30-40 part time. Mr. Heinke lives on the property, He questioned why they were required to cut back to 500 feet. He felt it would be better to have it in a straight line, The family has no plans to expand at this time because of the shape of our economy but if theyshould they feel what they have is what they will need. 2, Dorothy Kilmer, Paradise. Mrs. Hilmer stated she lives close to the Heinke business and it does not bother them or anybody. They are fine neighbors, When anyone crosses the road they are very careful, Mrs. Hi Imer stated her neighbor Martha Miller had to work today but she asked that Mrs. Hilmer convey her support to the Heinkes business and hoped fhat they got what they wanted, That the Heinke business is conducive to Paradise, Page 187 September 25, 1979 79- b September 25, 1979 Chairman Lemke stated he had received a call from Mrs. Miller expressing her support of the Heinke business. 3, Jerome Mc Kale, Paradiseo Mr. Mc Kale stated they have owned 60 acres of land on Clark Road since 1947 and he was sure that Mr. Heinke is very right in saying that he should be able to have his plant there. It is part of the land, But he did not like the zoning. That is the thing he was opposed to, He was not opposed to his operation he was opposed to the zoning. At the present time it is "A-2 Ltd." and the Planning Commission and the General Plan did want to zone it minimum density from 5 to 8 houses to the acre, Mr, Heinke did not like that and Mr. Mc~.Kale did not blame him and he felt if Mr, Heinke had the assurance of the Board he would be satisfied with the "A-2". But the county wants to do away with the "A-2" zone now. He questioned if Mr, Heinke's 22 acres were zoned heavy industrial how did he know that they would have a worse garbage pit, He felt that there should be an Environmental Impact Report. Mr. Mc Kale discussed the checklist from the Environmental Review Department, He stated that on the report Heinke's property was level but that there are 30% slopes on it. It also states there is good drainage but when you start putting down concrete and asphalt you start to get drainage problems. There is a big drainage problem down the road which was created in 1967 by the Department of Highways, There is a problem from Pearson Road to below the Heinke property on Clark Road, Mr. Mc Kale stated that the drainage in the corner comes from Heinke's property all the way from Pearson. It comes across his property. Supervisor Winston stated that this drainage problem predates any application for any change of zone. Mr. McKale~tated the property has been there tong before any zoning had been done on it and he felt Mr. Heinke has the right to maintain his business as long as he doesn't change it, Chairman Lemke stated there was a letter received from A. J. and Ramona Mc Kale opposing the rezoning and p petition with 32 signatures also opposing the rezone. 4. Cecilia Setty, Paradise. Mrs. Setty stated she had objection only to the industrial zoning. The Heinke plant was not bothering them. They are close neighbors and she realizes they have been in Paradise for many years. She objects to the "M-2" zone because it would let in the "C-2" zone, Below her is called industrial park area and it should be maintained in that area. She does not object to the plant it is not harming the neighborhood but she did not want the property to be zoned to commercial, She would like to see commercial or industrial below Paradise. Mr. Heinke stated they had been in contact with MAC when they were. talking about the General Plan and we had a hearing and we were assured this was what should be done, since then it has been set aside and he was unsure as to what would happen in the future. This is why he came to the county to ask for the "M-2" zone. They were approved for the "C-2" zone but after looking at it closely they felt there was no designation that would allow them to exist. Chairman Lemke questioned County Counsel if the property was left Page 188 September 25, 1979 79- b September 25, 1979 _ in its present use and present land use and Paradise incorporated would there~e a~ threat to the Heinke operation or was it under the grandfather clause. Mr. Blackstock stated a city could if it wanted to. He stated it would depend upon the people of Paradise there was a city in southern California that had done this. The way the county handles it he would be able to continue to operate. Mr. Blackstock felt it was highly unlikely that a city in this county would adopt a noncon;iorming use. He knew of no guarantee that could be given to Mr. Heinke. Mr. Heinke stated that when they wanted an addition to their warehouse they had to wait several months for the use permit approval, He felt they would have nothing but trouble in the future if they did not get this zone, Mr. Blackstock cautioned that he could not get absolute protection that there are a range of uses in an "~:h~l`~-2" zone. 5. Joseph Donato, Clark Road-Paradise. Mr. Donato stated he agrees with all of his neighbors. Mr. Heinke is a good neighbor and he buys their apple juice. He was concerned that Heinke's were a corporation and that corporations can change and somebody else may take over the business. He felt the "A-2 Ltd." was not going to be effective anyway at least until the corporation of Paradise. He felt that Paradise did not want industries as they have orchards and retired people. He did not feel they should leave themselves open to a big corporation coming in and making big changes. 6. Ramona Mc Kale, Paradise. Mrs. Mc Kale questioned why they didn't stay in the "A-2" use and get a use permit that no one is going to bother Mr. Heinke. The hearing was closed to the public and confined to the Board. Supervisor Dolon questioned how much the "M-2" zone would protect the Heinke business to be allowed to stay and to expand. If there is any expansion it is not set out in this zone. Supervisor Winston stated there is the nuisance clause and they still have some control. Dan Blackstock stated the new zone would be under the state mandate. Supervisor Winston felt they had been told by County Counsel, staff and Planning that fhey should not initiate any Land Use Element changes because of time as they had used two changes since July. It was~•moved" by Supervisor Winston, seconded by Supervisor Moseley that the proposed project could not have a significant effect on the environment, and a negative declaration is recommended. Supervisor Dolan stated she felt that Mr. Heinke's business would not have a negative effect but she felt the "M-2" zone would so she would not vote in favor. Page 189 September 25, 1979 79- S September 25, 1979 _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -- ~ ~ T Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES; Supervisor Dolan Motion carried. 1587 On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, they instruct staff to bring back an amendment to 6e included in the hearing of October 16, 1979 for the Land Use Map and the Land Use Element to include the requested changed HEARING; BUTTE COUNTY PLANNING COMMISSION {FOR HAYNES, TONELLI AND MC ;KELLY) PROPOSED NEGATIVE DECLARATION REGARDING ENVIRON- MENTAL IMPACT AND REZONE FROM "A-2" {GENERAL} TO "A-5" {AGRICULTUR~k1L 5 ACRE MINIMUM PARCEL SfZE PROPERTY EAST OF HIGHWAY 99, AP 47-25-139, 140 AND AP 47-33-6, 9 AND 10, CHICO -ORDINANCE 2049 WAS ADOPTED The public hearing of Butte County Planning Commission for Haynes, Tonelli and McNelly) proposed negative declaration regarding environmental impact and rezone from "A-2" {General) to "A-5" (Agricultural - 5 acre minimum parcel size} on property located on the north side of Rock .Creek, approximately 1,100 feet east of Highway 99, AP 47-25-139, 140 and AP 47,33-6, 9 and 10, Chico was held at this time. Steve Streeter, environmental review department, set out the background on this rezone. They recommended a negative declaration. He stated there was an exception on the southeast portion of this rezone. Mr. Bennett who is on the Planning Commission suggested that they allow that area to be left out of the rezone for the present time. .There are 46 parcels. They may_?need to divide into 5 acre parcels or larger as the soil is marginal. Mr.:Streeter indicated on the map where the fence was located. Bettye Blair, director of planning, set aut the background on the rezone. It is part of the original zoning for Meridian Munjar but was later deleted, The Planning Commission denied the "A-5" portion of this. The Board has copies of Planning Commission minutes. There was no discussion at the Planning level regarding circulation. Supervisor Wheeler stated it was close to 99 and is not maintained, Hearing open to the public. Those wishing to appear: 1. Mrs. Madge Haynes, Chico. Mrs. Haynes stated it was her property and Mr. Tanelli's. Mr. Tanelli was il! today and was unable to attend. She stated they were locked in,. if they wanted to self they would have to sel I the whole 65 acres because with "A-40" they would be locked in. That is the reason they requested the "A-5" and Mr. Tonelli was in approval. It is consistent with the zoning in the immediate property and area. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, find the proposed pro-!'ect could not have a significant effect on Page 19U '. September 25, 1979 79- 1588 September 25, 1979 •the environment, and a negative declaration is recommencTed, On motion of Supervisor Wheeler, seconded by Supervisor Nbseley and unanimously carried, consideration with it depends in the area and the fence point of Tonelli's and with four feet of center they are also after a portion not indicated by fence point east of which it falls and zone from "A-2" {General) to "A-5" north side of Rock creek; ~ 'adopi• Ordinance 2049 and authorize the Chairman to sign, ADOPTED ORDINANCE 2050 -PUBLIC HEARING FORT. L. AND OTHEL MABREY PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE FROM "A-R" TO °C-1" PROPERTY LOCATED AT THE NORTH SIDE OF ORO-BANGOR, APPROXIMATELY 350 FEET EAST OF LOWER WYANDOTTE ROAD, AP 36-111-I5, OROVILLE The public hearing for T, L. and Othel Mabrey proposed negative declaration regarding environmental impact and rezone from "A-R" (Agricultural Residential) to "C-1 " (Light Commercial) property located at the north side of Oro-Bangor, approximately 350 feet east of Lower Wyandotte Road, AP 36-111-15, Oroville was held at this time. Steve Streeter, environmental review department, set out the background on the Mabrey rezone. The project is a neighborhood commercial area near Las Plumas High School. They recommend a negative declaration. Bettye Blair, director of planning, set out the background on this project. This was heard before the Planning Commission and the Board had copies of minutes from their meeting, It is a nonconforming use with the General Plan. Chairman questioned the problem of having part of the property zoned one designation and another part a different zone. Could it go along the property line. Ms, Blair stated in the past few years they have tried not to zone parcels with two designations, Hearing open to the public. Appearing: 1, Tom•~Mabry, Oroville, Mro Mabry stated he lives on this property and the circle takes in 3/4 of his house, the other is in agriculture restriction. It would give them ample space and they had checked with PG&E regarding the high power lines. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, they find the proposed project could not have a significant effect on the environment, and a negative declaration is recommended. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, have the "A-R" changed to "C-1 "property located on the north side of Oro-Bangor- Highway;and there is no conflicts with the General Plan; adopt Ordinance 2050 and authorize the Chairman to sign. Page 191 Sepfember 25, 1979 September 25, 1979 79- 1589 ADOPTED ORDINANCE 2051 - GERALD N DE ROCO PROPOSED NEGATIVE 3 DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE FROM "A-2" TO "M-2" ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 70 AND BAGGETT-MARYSVILLE ROAD, AP 36-52-52, OROVILLE A pu lic Baring for Gera d N. De Roco proposed negative dec oration regarding environments! impact and rezone from "A-2" to "M-2" on property located on the northeast corner of Highway 70 and Baggett-IVlarysville Road, AP 36-52-52, Oroville was held at this time. Steve Streeter, environmental review department, stated this is in an industrial area . There area number of industrial uses in this area. One factor would be the noise from Highway 70. Bettye Blair, planning director, stated the Planning Commission recommends finding it in conformity with the General Plan. Hearing open to the public. Appearing: 1 , ~rald De Roca, Oroville. Mr. De Roco stated he was the applicant and he would like permanent zoning, it conforms with the city and county General Plan and the surrounding uses. Hearing closed to the public. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, find the proposed project could not have a significant effect on the environment, and a negative declaration is recommended. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried that this property conforms with the General Plan and property surrounding and that this property be zoned from "A-2" (General) to "M-2" (Heavy industrial); adopt Ordinance 2051 and authorize the Chairman to sign. ADOPTED RESOLUTION 79-201 -GARY MOORE~ABANDOI~'MENT.OF PORTION OF 14TH STREET, ALL THAT PORTION~OF 14TH STREET tYING WEST OF LOT 6, BLOCK 93 OF MAP OF THERMALITO -CONTINUED HEARING FROM 9/18/79 The continued hearing from September 18, 1979 for the Gceiry, Moore abandonment of portion of 14th Street, all that portion of 14th Street lying west of Lot 6, Block 93 of Map of Thermalito was heard at this time. Supervisor Winston stated he had rec{uested a delay so he could visit the property. He stated he could see no reason for denying the abandonment. He had also talked to the Planning Commission. He was concerned with the circulation problem. Bettye Blair, planning director, stated the Planning Commission only recommended to abandon. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the 14th Street extension from the point of Thermalito Avenue and reserving a 20 foot easement for TID be abandoned; adopt Resolution 79-201 and authorize the Chairman to sign. Page 192 September 25, 1979 79- i59' b _ _ _ _ _ _ _ _ _ _ _ Se~tember25~1979_ _ _ _ _ _ _ _ _ _ _ _ APPEARANCE: MRS, JEAN MINASIAN Mrs. Jean Minasian presented a plaque to the Board from the California Heritage Council, They were here in April for their convention and were very impressed with our park . Supervisor Winston stated he would like to thank most seriously Mrs. Minasian for all her blood, sweat and tears in this project. Chairman Lemke read from the plaque. 1592 APPEARANCE:BILL TURPIN Bil Turpin, administration analyist, stated several gentlemen' from the State Department of Aging were here to meet with County Counsel on the Senior Citizens Nutrition Program. If the Board had any questions or problems, they were here to help or answer the questions, 1593 I SUPERVISOR'S ADDITIONAL MATTERS Supervisor Winston stated Mro Salter was here to report on a meeting he attended on Saturday, September 22. There were seven counties represented out of the fen counties. There is to be another meeting in Quincy on September 29, 1979. Supervisor Winston stated that Plumas and Lassen County were not splitting off from the Association but they needed to be more vocal, EXECUTIVE SESSION: The:Board.recessed at 12:15 p,m, to hold an executive session regarding litigation and a lunch break. Page 193 September 25, 1979 79- 1594 September 25, 1979 -___-~_---_--~----_-__~____-_____ ~ ~ ~ W ~__ RECONVE[PE: The Board reconvened at 2:01 p.m. following an executive session regarding litigation and lunch break. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Nickelson, administrative officer; Jim Johansen, auditor; and Clark A,L Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board PUBLIC HEARING: SPECIAL DISTRICT AUGMENTATION FUND DISTRIBUTION The public hearing on the special district augmentation fund distribution was held as advertised. Chairman Lemke stated that the Board would be considering the special district augmentation and the budget. In some areas the augmentation funds cross over to the budget. In the special district augmentation fund, the county is faced with $2-1/2 million worth;ypf;gbo`~tages and the .state saw fit to send ~l million to cover those shortages. The Board will not be discussing the budget at this time. Hearing open to the public. Appearing: 1. Dr. William Hazeltine, Butte County Mosquito Abatement District. Dr. Hazeltine stated that the district had adopted a budget at 75% of the Proposition 13 level. The money from the augmentation fund would account for two positions. The Board is aware of the needs ~f the district. He wondered if, at some latex time, he could address the Board on the restrictions coming down from the Department of Food and Agriculture and possibly have the Board approach CSAC to try to have the restrictions regarding some pesticides changed. Butte County is Largely agricultural. Now, there can be no exposure to humans of axly pesticides. There are excellent safety factors that can be used in what they do to eliminate harm to people. He set out the pesticide that is being used by the district at this time. They are paying a premium on the pesticide. If they could do a better job at the breeding sources with pesticides they would be more effective. They are having to miss these. breeding sources because of the restrictions. The pesticide presently being used must contact the mosquito in flight. It is cleared " Eor use on fruit. The current budget is $581,000 plus emergency reserves. Chere is about~$210,000 in cash carryover. They have enough to operate she program for one and one-half years. It is better to cut back so that ,he program can operate for that length. of time. They are going to seed $48,800 in addition to their allocation under, the tax rate. If they Lo not receive that amount they will have to reduce expenditures. 2. Patricia Rellaford, Paradise. Ms. Rellaford spoke in .'avor of having the Paradise Fire Protection District receive additional ~1locations. She felt that with the closure of two stations and the ;erminahimnnof one-half of the personnel along with the rate of growth .n the Paradise area they are facing a potential disaster. The people sere promised that fire and police would remain at the same level. She 'elt these should be top priority. 3. Brother Godfrey, NAACP. Brother Godfrey read a prepared ;tatement asking the Board to grant fund to the CARD program. 4. BddeBooth, chairman, CARD. Mr. Booth read a prepared ;tatement regarding the requested funding for CARD. They felt that the .eve1 of service for the Paradise Fire Protection District should be letermined by the people of Paradise. He set out the comparisons between .he Paradise, Chico and Oroville Fire Departments at this time. The 'aradise residents have at their disposal a way to fund the fire services iy incorporation. He supported alternative #~l for distribution. . Page. 194. September z5, 1979 79- September 25, 1979 5. Dorothy Atkinson, Chico. Ms. Atkinson stated that she was a senior citizen and a great deal of the money expended by CARD is for the senior citizens. One of the greatest problems of growing old is loneliness. CARD helps to alleviate that by having somewhere that a senior citizens feels like they belong. She set out the programs that CARD has to help look out after the well being of the senior citizen in the way of free blood pressure clinics and having doctors available for checkups. She asked that the Board consider allocating the funds pursuant to alternative #l. 6. Mrs. Simon, Paradise. Mrs. Simon stated that the incorporation election was mentioned earlier in the meeting. 'The Paradise Fire Protection District still has a fiscal year to go through. Incorporation might help but they still have the year to wait. 7. Jim Rose, Paradise Fire Protection District. Mr. Rose stated that the people of Paradise authorized the level of fire protection in Paradise. .The measure on the ballot does not mention offering fire protection it only talks about reorganizing the district. The Paradise Fire Department does not have 41 employees. They do not have CETA personnel. There is a total of 34 men with one vacancy. The Paradise area is three times bigger than Oroville and two times bigger than Chico with regard to squaxe miles that must be covered. Paradise does all of their own secretarial work and truck repairs. The Oroville Police do the dispatching for the fire trucks. If the money is not available and the cuts have to be made, this will cut down the response time. He asked for consideration during the .distribution of the funds. 8. John Tolle, Paradise Fire Protection District. Mr. Tolle stated that the people who are advocating alternative #1. like to think of it as being approved at the meeting held on September 14, lg7g. The discussion was to find out the effect of the County Fire Department and the Libary. Tt was his understanding that the Auditor had been asked to Zook at the impact with regard to priorities. As of today, Paradise Fire Department has responded`to 2g calls outside the district through mutual aid. The reduction of. services of afire protection district will have an impact on the entire county. There has been discussion about fees for medical aid calls. -The Paradise Fire Protection district receives about 400 calls per year. If the people were charged X10 per call, that would only be $4,000. They would then have to be involved with bookkeeping. He wondered how a person sold emergency services. Services must be continued to July 1, 1880 even if Paradise should incorporate. The level of service was determined by the people in ballot issues prior to Proposition 13. Mr. Tolle set out the people that would have to be laid off if the priority alternative was not accepted. He set out the reason there was an increase in'the budget over last year. Mr. Tolle stated that all three of the fire districts, irrluding the county fire department, would benefit with alternative #5. Most of the basis of the augmentation fund is based on the fact that the Paradise Wire Protection District had a great shortfall. Last year they cut X346,000 because they had $234,000 in savings. He felt that fire protection-must be looked at first as a priority. Chairman Lemke stated that fire and police should not suffer. Phis was a mandated priority last year with the bail out funds and was got this year. Every bit of property taxes collected, if they were iistributed to fire and police protection, would be short. He set out the types of personnel each of the three areas had. Tt would appear that Paradise is brass heavy. Page 195. September 25~ z979 79- - - - - - Mr. Tolle ~, more stations than 18 square miles to September 25, 3979 stated the reason for that was because Paradise had either Oroville or Chico. They also have more than cover. The ratio is the same for all three areas. Chairman Lemke stated that Paradise voted on and accepted the level of service they have with the Paradise Fire Protection District. There was an increase in services as there was a itcrease in population. Everyone .then approved Proposition 13. If everything had to be cut back, the fire and police were to remain the same. He wondered what percentage of the $4 tax rate Paradise Fire Protection District received. The fire department cannot possibly produce the services for the amount of money they receive after Proposition 13 as they did before Proposition 13 assed. Tf the Board used all the money from .bail out for fire protection, there would not be enough. to fund fire protection in Butte County. The people of the county are going to have to decide by a two-thirds majority that they want these services. Supervisor Dolan felt that it was unfortunate that there was not a referendum asking the people what services they wanted. She felt.. the people wanted all of the services. ' Mr. Tolle spoke regarding the budgets .for the Paradise Fire Protection District., In 1976-77 the budget was $1,100,000 plus. When they saw that Proposition 13 was going to pass, they agreed that cuts should be made. They cut the budget from $1,102,000 down to $928,000. Since that time, they have bought no new equipment. In spite of ihit in 1977-78 they had a savings of $234,000. Tn the last budget, with the cuts they came back with $110,000. Supervisor Winston stated that the Butte County Fire Department had 12 maned stations and 19 volunteer stations. The level of services is not as high as Paradise. The budget for Paradise is approximately 70~ of the county budget. There are a great majority of rural residences who-are being provided with a service on a lot lesser plain than Paradise. In order to maintain the level of service for the fire department, other services are going to be adversely effected. He felt that the Board must consider the needs of all the citizens in the county. There is an alternative as far as the level of service for Paradise Fire Department still available, Perhaps other districts will say, as Butte County Mosquito Abatement District, that they can do with a little less money. Mr. Tolle ;stated that if they do-not receive the funding there will be an impact on the entire county due to mutual aid. They have been on 800 emergency calls this year. Last year they went on over 1,000 calls. The demand ,for services has increased. Paradise ~e~s have a volunteer system. 9. Gloria Ferris, Chico. Ms. Ferris stated that if Paradise were a city maybe the city would share a dispatcher for the fire calls. Tt would be a savings if there was a central place where all vehicles in the Paradise area could be worked on instead of individual areas. If the area were to incorporate, there would be money from sales tax for the use of the .area. She felt that the services offered by CARD< should not be eliminated for Paradise. 10. Dave handis, Chico. Mr. Zandis stated that he was representing Chico 2000. They felt it was important to keep the funds available for the new library. He felt it was a folly to reject incorporation for Paradise. He felt the library should be built. i'aSe 7.96. September 25, 1979 79- b 1595 1586 September 25, 1979 RECESS: 3:25 p.m. RECONVENE:. 3:54 p.m. DISCUSSION OF MEMORIAL HALLS AND VETERANS SERVICE OFFICER Chairman Lemke advised that the proposed budget-being brought back by the Auditor would include leaving the Veterans Memorial Ha11s as, the are and also the Veterans Service Office. It would delete the one vacant position for the budget. The Board will be speaking to a different solution for the Biggs Memorial Hall in the future. Glen Halsey thanked the Board for their action and asked that the recognize the need for the Veterans Service Office and the Memorial Halls. PUBLIC HEARINCY: SPECIAL DISTRICT AUG~'iQVTATION FUND DISTRIBUTION ,The public hearing, on the special district augmentation fund distribution was held at this time. Appearing:. 1. Jt~e~ge Tilman Daley, Lime Saddle Community Services District. Judge Daley pointed out the Board received a memo from the Auditor on September 18, 1979 regauding the meeting held by the special district representatives. The districts came to an agreement which was set"out in the memo. There were no dissenting voices raised with the proposal at the time of the meeting. Everyone left in agreement at it was the way they could go ahead and they would not have to sit through several hours at the Board level. 2. Betty Fisher, Chico. Ms. Fisher stated that she represented Chico Area Swimming Association. She was concerned with the CARD programs. Last year they were required to pay additional fees for the use of the facilities. It has not been easy to raise the money for the fees that are required. She felt CARD should receive a portion of the funds. 3. Leonard Monico, wens' and womens' softball association, Chico. Mr. Monico stated that the fees for sports at CARD have increased over 100%. There has been a reduction of services offered. He felt the Board should adopt alternative ~l. 4. Judy Wagoner, Durham Park and Recreation District. Ms. Wagoner stated that the Board had a copy of a letter from the district. They are in favor of alternative #]". That would allow them $42,000 which they need for the notes that are outstanding. They will have to pay for the note for five more years. They have raised their fees 100yo in some cases. They are obviously going to have to work on how they will be able to fund the note for next year. They will have to consider whether to cut services or put the measure on the ballot. Jim Johansen, auditor, stated that AB 8 contains a provision for augmentation funds until the bill is amended,for future years. The funds would not come from bail out funds but a shift in the property taxes. There will be a certain amount of property tax transferred from the schools and the local government for the special districts. 5. Dennis Hefner, Chico. Mr. Hefner stated that he was representing Chico Adult Soccer League. There were about 1,500 participants. They have worked with CARD and have found them to be of great help. They have had to cut back on services. He was in favor of alternative #1. Page 197. September 25,.1979 79- a September 25, 1979 - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ ~ ~ _ ~ ~ ~ ~ a 6. Sonny Brandt, Feather River Park and Recreation District. Mr. Brandt submitted a letter to the Board regarding. their position. This position is the same that was taken by CARD that Paradise should determine the level of fine service and fund that through an election to incorporate. He felt. the fire service was urban in nature. They should not be funded at the cost of the other districts in Butte County. He felt that the meeting on September 14, 1979 was a good meeting. They suffered last year because SB 15~+ set the priorities for safety services. They have a-not~dy adopted their budget. They reduced their staff of last year, which 'was 24-1/2 full time employees, to 14-1/2 employees. They have increased fees. They had trouble raising money through children oriented sports. The adult sports were not the same problem. The entire group agreed to alternative #1. at the September 14, 1979 meeting. The meeting came up with only two unmet needs: l,v Durham Park and Recreation District; and 2) hineSaddle Community Services District. None of the fire departments said there would•be critical unmet needs. They are facing a situation where there will be two new facilities for their district to maintain: 1) Feather River Enhancement Project; and 2) South Oroville Park. He read a letter from the Oroville Bobby Sox Association, He recommended that the Board adopt alternative ~#l. 7. Mert Thomas, Oroville. Mr. Thomas spoke in favor of alternative #l. This would help for the construction of the first park in South Oroville. 8: Jerry Hughes, Chico Area Recreatian and Park District. Mr. Hughes stated that he apologized for the reference to CETA employees for the Paradise Fire Protection District during Mr. Booth's presentation. He had been looking at an old schedule. The reason CARD did not adopt a budget as yet is because they did last year and were optomistic about the distribution of the bail out funds. They were short funded. last year and had to reduce the budget that was prepared. They have. approximately $300,000 in fund ba:~:ances as of July 1,-1979. They recognize their fund balances in their budget process. The level of services is at approximately the same level as last year. It is 89~ of the preceding year. They have had to increase fees. The most problems is in the youth programs.. In 1972 the programs conducted on the athletic fields was a total of 2,500 plus people participating. This year that figure is almost 5,906 people. They have not built another park. He hoped the Board would not forget the rest of the special districts in favor of Paradise Fire Protection District. 9. Rick Galloway, Paradise Fire Department. Mr. Galloway felt that all the districts were necessary. He felt it was unfortunate there was not more discussion held on September 14, 19'79. The other iistricts have sources of revenue other than property taxes and bail out funds. The Fire department does not. They cannot raise fees for the services they provide. He asked that the Board allocate the funds to the Paradise Fire Protection District. The Fireman's Association chose to support incorporation. ~~~~ u~a ~ : ~;~t -tire ~;~~c i,.=°r ~ }.~ c~istl ii~~ Supervisor Winston advised that there are some districts rho trhave said they will not need the full allocation recommended in alternative #1. He set those districts out at this time: Gridley Cemetery District $10,299 less Butte County Mosquito Abatement District $15,1.23 less Oroville Cemetery District $22,508 less Hearing closed to the public and confined to the Board. Page 198. September 25, 1979 79- September 25, 1979 0 o c o 0 o c o o e o c o e o ... ... T a ~_____=__~= v. v c~ a Supervisor Winston stated that the amount not needed by the three districts ~1as ~47,g31. It was moved by .Supervisor Winston, seconded by Supervisor Wheeler that alternative #1 be approved with the following changes being made to appropriate the $47,931 from the Gridley Cemetery District, Oroville Cemetery District and Butte County Mosquito Abatement District to the following districts in the following ratio: County Service Area #53 ~ (IIpper Ridge Fire District) 630 $ 2,876 Paradise Fire Protection Dist. 8630 41,221 E1 Medio Fire Protection Dist. 8% 3,834 Discussion of the motion held at this time. Chairman Lemke felt that the fire districts should be given priority. The areas of protection for human life needs to be given top pria~ity. He did not know how the Board could ignore the drastic shortfalls bf the fire districts as opposed to the necessity for the other districts. He suggested that the Hoard implement alternative #2 on the list from the memo dated September 20, 1979• Supervisor Dolan felt that alternative #1 was probably the best way to go. If other districts came up with other arrangements and did not need all the money, that could be given to Paradise Fire Protection District. She realized that some of the other districts did not receive assistance last year. Supervisor Winston stated that if Paradise Fire Protection District required a reasonable additional sum, the Board would be willing to give them augmentation funds out of the $100,000 to $150,000 `",,,r are left over. Addendum to motion: Any other funds that become available because of special districts not requiring it would be appropriated to the three fire protection districts in the above mentioned proportion. Vote on motion: AYES: Supervisors Dolan, Mosley, Wheeler and Winston NOES: Chairman Lemke Motion with addendum carried. Discussion of charging for fire services held at this time. Mr. Mickelson stated that in some communities there is a charge levied for going to afire and the insurance company will pick up a portion of the cost. RECESS: 4:55 p.m. RECONVENE: ,5:25 p.m. Page i99. September 25, 1979 sEPTEMBER 25, 1979 79-1597 ADppT RESOLUTION 79-202: PUBLIC HEARING: 1979-$0 BUDGET AND REVEPTUE b SHARING HEARING The public hearing on the 1979-$0 budget and revenue sharing hearing was held as continued. Supervisor Winston stated that Proposition 13 was permissive in the sense that they could go to the voters and ask that a tax be levied for other than ad valorm taxes. AB 618 was signed on July 27, 1978 which provides that the county can have an election for police and fire protection services and if it passed by two-third cote charges can be levied on a per parcel basis. This would be a means of funding fire and police safety service at a level that the people desire. Mr. Paulus has asked for direction from the Board. This would be a vehicle to submit the measure to the public. If the people did not want to fund these services, they should be reduced on the level with the income available. He felt the Board had better prepare as soon as possible a ballot measure to subbit to the people in accordance with AB 618. The Paradise Fire Protection District can go to the voters and the county can go the voters for the services of the Sheriff and the Butte County Fire Department. Tf the people dodnot approve the ballot measure, it might not be a bad idea through the Grand Jury and a group of learned citizens in the county to get in with the help of the Administrative 4~fficer and the Auditor and see if the concur that. the county is in financial straits. If the ballot measure is approved, there would be funds in carryover to construct the libraries. Chairman Lemke stated that the Board. had received the following letters: Ridge Runners Square Dance Group requesting an air conditioner in the ParadiseiRecreation Center. Friends of the Library, Paradise requesting that services be maintained. Mr. & Mrs. Delbert Schwab requesting an air conditioner for the Paradise Recreation Center. ButterCnunty:~'Emergentc~*eM~dmcal:'':CareaGomm~:tt~;~r.equesting that the Board reassess the funding allocation for Paradise Fire Protection District and asking that the Board not cancel the ambulance contracts for dry runs. Helen Hill of Paradise asking that the Board remember the Library. Petition with 32 signatures requesting that the Bookmobile be retained in Forest Ranch. Scotty Campbell, Durham requesting that the Durham Library remain open. POLICY MATTERS TO BE ADDRESSED On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the Board will continue to drop membership in Regional Council of Rural Counties (RCRC). page 200. ~. September 25, 1979 79- 3 _ .- _ _ ~ _ _ .- .- ,- _ ~ September 2 5 ~ 1979 T _ _ _ _ _ _ _ _ ~ _ _ b. Account 52 (Contributions to Other Agencies) $24,000 for Northern California Medical Care Council. Supervisor Winston stated that SB 1207 would give the Northern California Medical Care Council $322,000 to be matched by participating counties. He has been the Board's representative to the Council. He has been an advocate of the county's participation in the Council. In view of the total lack of participation on the part of Butte County, particularly the hospitals there is no local support for this program. If the county does .not participate in the gogram the Council will put a great deal of equipment out '..of the county. It was felt that the county is set up to provide the services offered by the Council. Deleted from consideration. Public Works General Services,,,,,._p~e 50 a. Consider increasing budget $16,500 to fund engineering for North Chico Sewer ($8,250 revenue and $8,250 county participation. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the Public Works General Services budget, page 50 was increased to include the:-$8,250 for the study for the North Chico sewer. REVENUE SHARING REQUESTS On mation of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the NOWCASTING proposal in the amount of $20,000 was approved to come from unallocated revenue sharing funds. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the following items to be included in revenue sharing allocationsa Paradise Meals-on-Wheels $6,000 Chico Council on Aging, Inc. Meals-on-Wheels $7,500 Butte County Council of Senior Citizens Discussion of the requests of the Butte County Council of Senior Citizens for the Oroville Multi-Purpose Center and renovation of 2100 Oak Park Avenue property in Chico for multi-purpose center held at this time. Jim Johansen, auditor, stated that the revenue sharing funds have been increased due to increased interest earned on revenue sharing, Che figure is $896,492. Clif Nickelson, administrative officer, stated that the Baard could leave the revenue sharing funds unallocated at this time and nake a decision at a later date. It was felt that this matter could be better addressed after the November election. Chairman Lemke advised that the one-half position at Biggs Memorial 3a11 must be left in the budget;.,. , ~• Page 201. September 25, 1979 79- b September 25~ 1979_ _ _ _ _ _ _ ~ _ = Discussion of the Gold Nugget Museum expenditures for Paradise held at this time. Chairman Lemke stated that the expendiCure had been approved by Counsel. They have put a lot of time and effort into Chis project and have built the building on their own. Discussion of the Wyandotte Fire Station requests for revenue sharing held at this time. Supervisor Moseley stated that the amount for the station is really $118,000. They are not getting a $90,000 truck. Bob Paulus, fire warden, stated that assuming the county had an engine to free to put there, there would not be a need for the fire truck. If they have to buy the engine to put out at the Wyandotte Fire Station then the $90,000 would have to be included. If the county does not buy the engine, he did not know where they would get the equipment needed. On motion of Supervisor Wheeler, seconded by Supervisor Lemke and carried, Cohasset to drill a well in the amount of $10,000 from revenue sharing was approved. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan. It was moved by Supervisor Lemke, seconded by Supervisor Winston that the 1979-80 budget with funding to be arrived at from the suggested adjustments in a memo from the Auditor's Office dated September 25, 1979 be approved; Resolution 79-202 be adopted and the Chairman authorized to sign. Supervisor Dolan stated she had a proposal to present. The proposal is not to do anything in the way of building but the library. The Board should give support and direction to the Administrative Office. The Library should be built. There should be a reserve. She did not think the Board was in a position to go through the necessary line items in the budget. She felt the Board needed to talk about goals. All building projects in the budget adjustment list totals $2 .9 million. As per building projects, the Library should be built and the groundbreaking should be set at nine months from now. All county and any other projects should be delayed indefinitely. The Board should only transiCion CETA positions that are now filled. The Administrative Officer should be instructed to implement a savings in the next nine months so that the building of the Library must be done. That would make $1.7 million that the county departments must save. The Board should reaffirm the policy statement that the library be built. She felt that a task force should be formed to include a Board member on fire services, and the Agricultural Commissioner's Office. The task force would study staffing patterns. She felt that concurrently asking the Administrative Officer to come up with the savings and evaluate the possibility of a vote to override for the libaries and other things and to get the support from the cities for building the libraries. Supervisor Winston stated that he would not vote on this. proposal today. If the Board is to consider the proposal, he asked for 24 hours to consider the proposal and understand all of it. He did not feel he was in a position to instruct the Administrative Officer to cut $1.7 million out of the budget. Discussion of the proposal held at this time. Supervisor Dolan felt that the Board could delete the date for the groundbreaking. She felt that the Administrative Office and the department heads need to be given a firm goal regarding the amount of money that must be saved this fiscal year. Page 202. September 25, 1979 September 2,5, 1979 79- Mr. Mickelson felt that maybe Supervisor Dolan's proposal could ~ be changed a bit. Maybe not necessarily cut $1.7 million. This could possibly be the amount that can be budgeted in 1980-81 to construct the libraries. Supervisor Moseley felt that there has been a great deal of talk about not hiring additional people and cutting down. She wondered if the Board was doing the right thing in transitioning 30 people at this point. She knew the Sheriff has to have five or six people. This amounts to $255,000 total for the OETA transitioning. Supervisor Winston felt that Supervisor Do1an's proposal was saying cut $1.7 million out of the 1979-80 budget from all departments. He submitted that this would be emasculating county government. Supervisor Dolan stated that. the Board is looking at two alternatives. One is to forget the library buildings and the other is looking forward to the possibility of an election that would reduce the burden for fire and police protection. If these were to come to pass, the money would be available. Chairman Lemke felt that in adopting the budget the Board should reaffirm their commitment to build the libraries and work toward that end. The Board is trying to anticipate several unknowns. As soon as the election regarding the incorporation measure for Paradise is known, the county can take action. Gerald Lively, deputy administrative officer, stated the architect is hold on the plans for the libraries. There were six options submitted. Chairman Lemke stated that he doubted seriously whether the Building Committee would change their mind. It should be the intent that the architect go forward with the plans. The architect is to design the building.on the plan submitted by the Building Committee. The Committee has not yet met on the building for Gridley. Supervisor Dolan stated that it was her intent that the Library be added to the budget in 1980-81 and that savings of fund balances be throughout this year. It was moved by Supervisor Winston that the motion on adoption of the budget be tabled. Discussion of the Environmental Review Department's increased fees held at this time. Dick Puelicher, auditor's office, stated that this would be a net savings of $30,000. There would be a $50,000 increases in fees and a~$20,000 increase in appropriations for the employees. The department is currently running in a deficit and not self supporting. The figures represent the transition of one CETA and hiring of one additional person. Supervisor Winston stated there were $381,000 from augmentation funds not included in the figures. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, prior to adoption of the motion to approve the budget as suggested, the Board went on record reaffirming its agreement with the cities of Chico and Gridley to build the library facilities in those two communities as soon as financially feasible. Page 203.•_ September 25, 1979 79- ~i ........ _ .- -. _ ~ ~egtember 2 5 Z 1979 W ... _ . _ - - .. ~ G Discussion of the Consumer Protection Unit held at this time. Mr. Johansen clarified the Consumer Protection Unit amount of money received and expended by the caunty. There was a shortfall for last year. The previous two years the following amounts were collected: 1976-77, $100,000; and 1977-78, $88,000. In the first two years of operation the federal funds with the fines represent about $44,000. Taking out the federal and state revenue, the revenues in total for each of those years exceed the expenditures by $20,000 each year. The first two years, the revenue exceeded the expenditures over $40,000. The other figures indicate there was a shortage of some $30,000 in 1978-79. The expenditures exceed the cash amount by that much. Next year the federal and state amounts will be zero. Chairman Lemke stated he had voted for the program for three years. He felt the unit should be self supporting without the subvention funds. If the unit is eliminated, he felt it would be acceptable for Mr. Mattly to come back to the Board requesting additional positions to carry out his constitutional duties. In this way, the attorneys could also work on other matters. Wi11 Mattly, district attorney, stated that in the present budget the employees of the uniC are able to cross over and do other jobs. There would be no division as there was in the past. They are going to have to wind down the operations. The area of consumer protection is a vastly growning area. It would not be just for land fraud. It was moved by Supervisor Winston, seconded by Supervisor Moseley that the 1979-80 budget adopting expenditures for the final budget for th fiscal year 1979-80 with the changes and additions as detailed in the memo from the Auditor dated September 25 considering all two pages with the addendum of status as of September 18, 1979 and revenue sharing allocations made relating to meals-on-wheels and those items be included was approved; Resolution 79-202 be adopted and the Chairman authorized to sign. Supervisor Dolan wondered if the motion could be divided. She supported the Consumer Protection Unit. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 6:56 p.m. to reconvene on Tuesday, October 2, 1979 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk By~ the and of Supervisors Chairman, Board of Supervisors Page 20~-. September 25, 1979