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HomeMy WebLinkAboutM100979October 9, 1979 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE 79- d 1631 1632 The Board of Supervisors met at 9:00 a.m, pursuant to recess. Present: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A, Nelson, county clerk, 6y Nancy Wilson, deputy clerk. Absent: Supervisor Winston. Pledge of Alleg-lance to the Flag of the United States of America Invocation by Supervisor Moseley APPROVAL OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried that the minutes of October 2, 1979 be approved as mailed with the following amendment: To reflect that Resolution 79-205 was an 4mendment to the'~esolution that was adopted'on -August 28, 1979. MOTION RE: DISTRICT ATTORNEY'S CONSUMER..FRAUD UN1.T:FAILED i Matt y, district attorney, stated r. Jo ansen was handing them a memo giving them inforrnation that will show exactly-what it wil! cost to extend the Consumer-Protection Unit. They would like to stay and continue this through and accept the federal and state grant through April 30, There has just been two settlements for $50,000 and $35,000 on civil and misdemeanor charges. The settlement for $50,000 the individual has five years in which to pay, Mr. Mattly felt this was the only judicious and economical way to extend the unit as previously stated through April 30. He felt that by May and June he will close that budget. Mr. Mattly stated that the $50,000 and $35,000 figures were not fines as there are fines with criminal offenses. Usually the District Attorney's office and the defender's in the criminal case work in conjunction, You can go either way if the issue is civil to stop action and depend on judgment.: or prosecute criminally. !f they are prosecuted as a felony the county does not receive any revenues, You try to hit an individual where it hurts, in the pocket, Thera are projects that individuals perform for the community and this is a more constructive farm of punish- ment. Chairman Lemke questioned if the innocent victim was helped to correct situations that were caused through these illegal land divisions, Mr, Mattly stated a lot of the people have had to go back and correct roads and other adjustments. Mr. Abbott has to go out and see that the work is done correctly, This is saving the county from making the improvements. Mr, Mattly stated he could be using those in his department to handle other functions through the transitioning period as many times he is busy prosecuting, Cliff Mickelson, administrative officer, stated he supported the continuing of the program through the grant. It would be foolish to cut out the program and then use ail general funding money. Chairman Lemke felt whether the program was titled "Larid Fraud" or ".Consumer Fraud" it is fraud. .Page 221 October 9, 1979 79- a October 9, 1979 •________~~_~~~==~~=ate-=- -===a=a== Clif Mickelson suggested generating a better business bureau so they can police themselves. Chairman Lemke stated they could come set one up anytime they wish, Mr, Mattly stated their unit does not do just one particular thing. Chairman Lemke stated the $31,372 '"=would have to come from the reserve and it would take four votes, Without the four votes it would be a mute approval, Supervisor Moseley stated she had talked with Mr. Mattly several times about this issue and she did not feel good about this unit before she came on the Board and that she would oppose it, She has had very strong feelings,about this problem too long and she could not vote yes on this matter. Supervisor Wheeler stated that it could cost more than the $31,372. Supervisor Moseley stated she was aware of this. Chairman Lemke stated he had opposed it originally but the other figures that came up changed his mind to the April date, It was originally approved by the Board on granting the extension. It was funded through December„by the previous Board. He stated he was willing to abide by that extension. Mr. Mattly stated that this is the: most expeditious way-the. job has to be-done. They have gone over this many time. He understands and respects Mrs..Moseley and that they are going to lock horns but that the job is going to be done. He would file a writ of mandamus. They will have to hire outside people to handle the cases and it will be higher, it will cost $75 for one man. He could not see any compelling reason to stop the program that there are people illegally subdividing and individuals waiting to hear that the program has stopped so they can continue with their illegal practices. There is the filing of false deeds;anyone can go before a notary. He brought up the Cotet matter, Mr. Mattly felt they had to continue with the cases they have started, He felt Mr. Abbott had been doing a great job in this area. Of the job that has been done he will never hang his head, It is a good job. Chairman Lemke stated it was a very intricate problem. The $64,000 Federal and State bill or what to accept or the cost rises,? He was holding out for that because it would fake the State and Federal controls off the unit and they could operate any where Mr. Mattly stated, But it was a pretty costly $64,000 and in this budget year he could not accept that. Chairman Lemke stated that Mr, Mattly wanted to continue on with the cases he was currently processing. Without the unit, was he telling this Board he~.could not possibly q~pursue these cases or the cases that are being investigated.? Mr. Mattly stated he had three optionsx: 1) Writ of mandate 2) can use and hire someone outside the county and 3) dismissing the cases, Mr. Mattly stated Mr. Abbott'-was. a.very•_capable"attorney. .- He felt there were several cases they could prosecute and they were going to. With the staff that he has now he could not spread.-those cases to the people, There are currently 130 cases they are working on. His staff is currently handling as much of a work load as is possible, it would be physically impossible to handle any more of a case load . Page 222 October 9, 1979 October 9, 1979 79- b Supervisor Wheeler stated she felt this unit was going to continue whether they continue through the grant program at a great cost to the County. .She felt voting no was not the proper thing to do because of the cost to the County. As a policy maker and considering the final outcome and the work that has been done she felt they should continue. On motion of Supervisor Wheeler, seconded by Supervisor Dolan, that they should take the $31,732 from the reserve to continue through the grant year of April 30 and at that-time reconsider funding of the•program. Supervisor Dolan agreed with the information from the District Attorney`s office, that it was best to continue the activities of this unit, She agreed to continue through the April 30 date and if they save the county revenue the best wayis to accept the grant or go down to zero. Vote on motion: AYES: Supervisors Dolan, Wheeler and Chairman Lemke NOES; Supervisor Moseley ABSENT: Supervisor Winston Motion fails. 1633 Jim Rackerby, personnel director, stated that if the unit was not to continue he would have to send them 14 day notices of termination of employment. There are six pos;~i'i:ons. in the unit of which one is vacant, He needs instructions from the District Attorney and the Board so they can send notices out. Jim Johansen, auditor, stated it may take more than the $30,000 to close down this section. There are vacation time, sick leave and these funds may not be enough to close this unit down, Chairman Lemke questioned if they were going to have to take money out of the reserve to close it down. Mr. Johansen stated there may.: be $50,OOOor $60,000•....Th~.re,will be additional State and Federal funding that will go along, Of the $10,000 total close to 50% will be State and Federal and 50% will come from the County, Chairman Lemke stated the only instructions the Board could give Mr. Rackerby would be to send out lay off notices, Mr. Mattly stated he would immediately file a writ of mandate unless there is some hope that with Mr. Winston's presence they could change the vote. Chairman Lemke stated Mr. Winston would be back October 23, 1979. On October 30, 1979 .Chairman Lemke stated he would not be present. APPROVED CHICO MUNICIPAL COURT REMODELING Discussion regarding Chico Municipal Court Building remodeling proposal was held at this time. Chairman Lemke stated he had received a memo from Mr. Johansen, page 223 October 9, 1979 79- ~' October 9, 1979 auditor, :insl:icating there was a balance of $124,000. They had left in $75,000 Mr. Johansen stated there was $60,000. Chairman Lemke stated they=were talking about a $60,000 balance before they get down to $75, 000. Supervisor Moseley absent at this time. 1634 Supervisor Dolan noted that the remodeling of this building was for space that would be free then for the~coutt'function.. It is not a new item. It is the budgeting figure and a condition of the previous proposal. Gerald Lively, deputy administrative officer, stated this is a result of the Boards request for a study. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the Chico Municipal Court Building remodeling project and appropriate funding from unallocated revenue sharing for a total cost including contingencies of $50,452.00 and authorize the Administrative Officer to contract;for,architectural services was approved by the •.fohlowing vote: AYES: Supervisors Dolan, Wheeler and Chairman Lemke ABSENT: Supervisors Moseley and Winston RECESS: 9:43 a.m. RECONVENE: 9:58 aom. Supervisor Moseley present at this time. APPROVED REQUEST FOR ADDITIONAL STAFF AT CHICO MUNICIPAL COURT Clif Mickelson, administrative officer, stated he had sent the Board the information regarding Judge Rutherford's request for staff augmentation. In the transitioning of CETA employee's they had a dlerkwhich was left:=off the list and another position which became vacant. His office recommended authorizing these positions. Judge Rutherford stated the total money that these positions generate more than covers the costs of staff and. budget. There are all these splits with the county and they get back the money. Chairman Lemke stated that because of the splits 50% went to the city. There is a split of 78%~22°Io with the city and a 50'%/50% split with the state . Chairman Lemke felt that because of these splits the lion's share is going to another agency higher and that we have to stand the gap of the total costs. Judge Rutherford stated it is a merger through legislation. The state set out the percentages to each city. Mr. Mickelson felt this could be changed by the city and the county by a bill to legislature to change these figures. Jim Rackerby, personnel director, stated the amount for the two positions would be about $11,000 for a year. It would be about $1,500 or $1,600 for the balance of this year for the two positions. Page 224 October 9, 1979 79- b 1635 October 9, 1979 Judge Rutherford displayed a diagram showing the work load over the previous years and the projected balance of this year. She stated the City of Chico Was adding additional patrolmen and expected an increase in the' work-load in regard to tickets. If they cannot process the tickets it goes to DMV and is placed on an individuals license . If they do not collect,the revenues will be down and you are punishing the honest person who pays their tickets. Judge Rix, Paradise. Judge Rix stated he had substituted for Judge Rutherford in July and he sat on the bench from 8:30 a.m, until .after 5. There had been no time for issuing of warr~mts or taking matters under submission. There was a very hectic work load and he doesn`t know how they handle it, On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the additional. staff to the Chico Municipal Court of a typist clerk I/II and a typist clerk II/deputy court clerk I! position for the court and transfer funds from reserve for' confingency was approved. APPROVED REQUEST FOR ADDITIONAL STAFF IN :TKEASURER~AND TAX COLLECTOR'S OFFICE Clif Mickelson, administrative officer, stated the proposal was made last spring and they were in support of it. Mro Morton has agreed that if the program is not paying for itself then he would be willing to stop it. This Board initiated the program and it is necessary to increase the staff by two positions in order to operate the program. They will give monthly reports and if it doesn't pay it will be cut out. Carl Morton, treasurer/tax collector, stated the reason he needed the people as he was to have a collector in the courts three days a week, they have done it on a trial basis and it has been very satisfactory but the rest of their collector work has suffered. If they don't have the staff they can't do a proper job in both areas. Mr. Morton stated that the collector gets with the defendant and works out the ability to pay. If he ~ is not in court it is rather difficult. to collect. In the past without~this program a lot of people who have been able to payP~ublic ~ei:enders costs have not done so. The court doesn't have the ability to pursue these people. Because the law has changed there is a six months period to collect . Dan Blackstock, county counsel, stated that the court has to make a Decision, a final judgement as they can not amend it after six months. It is a practical matter of keeping track of convictions of a felony or one of these 90 days review and are put out an probation. Mr. Morton stated that they could recoup quite a bit of this money, i~n reply to Supervisor Moseley's question. Mr. Mickelson stated it amounted to $265,248.OOo They had come before the Board last spring and proposed this before the current budget; was propased. They never got around to discussing this matter when the budget was before the Board. He >tated there would 6e a monthly report if it was approved for six months. Mr. Morton stated it was a six month atrial basis already, They had been working on it for the past two to three months and it is working very well. In answer to Supervisor Wheeler's question if the funds will come from the Page 225 October 9, 1979 79- b October 9, 1979 reserve, Mr. Johansen statedcyes. Chairman Lemke questioned Mr. Morton as to how much his department had suffered from the loss of the court work. Mr. Morton stated there was loss of income in the collection of the unsecured taxes, that these take a lot of work and he had not been able to spend that much time on unsecured taxes, so they are suffering in that department. of his staff. Chairman Lemke asked if he could do with extra effort on the part. Mr. Morton stated that Russ Addy had done an extremely good job and worked closely with the court. In this matter he has become an expert in this area. He is busy al I the time and he has fihe confidence of the court and attorney`s of the Probation Department. Supervisor Moseley questioned how much money they were talking about, Mr. Mickelson stated it would be about $17,000 for the two positions, typist clerk I/II and collector, add a certain amount for travel expenses,. approx- imate ly $20, 000. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, that they fund the typist clerk I/II and collector positions from the Treasure~Tax Collector's Office from the reserve subject to review of the Admin- istration staff and if it is found tome not effective the program will be scratched. Jim Rackerby, personnel director, stated that originally the collector was to be increased by two ranges. He would recommend now if this program goes permanent the Board could go back and increase his position by two ranges. If it does not go permanent it should be left. There will be several other classifications they will [ie looking at. Chairman Lemke stated that he has a feeling that is very uncomfortable. They have just added four new position to this budget when they know that we are operating these position on revenue sharing because that is where the reserve came from and they also know they are working under as. difficult period and that every department is going to have to cut back. If they add all of these position now they are going to have to slice these off next year. Everyone justifies the position as the money is coming and if they don't get the position they will lose. this money. If `:. they are sustaining them why are we in such big flnpncial trouble. Mr. Mickelson stated that in the Chico court if you don't put those positions in you will Icse•- more revenue than it costs for the positions. If the Public Works Department needed building, inspectors you would give it to him,:, because if it<:was costing you money to do it that would be something else. They only have about 2 to 5 departments in the county that you can really do anything about and not lose money doing it. Chairman Lemke stated that out of three departments requesting additional help, they approved two. He questioned what Will Mattly was going to do to the Board. Page 226 October 9, 1979 79- October 9, 1979 ' Chairman Lemke stated he was going to be hard to convince that they need anybody else because of the cry that was felt during the budget hearings, He will be hard to convince to operate programs that they know next year they will be cutting out, Clif Mickelson commented that they will give Mr, Morton's department $20, 000 for this program . The program, wi l l pay 4 to 1'. Chairman Lemke stated then we would be in good financial shape- 1636 1637 1638 Mr, Mickelson stated they will not be in good financial shape~~:ecause of some major services they have to provide;..; they are costing more and more and they will not realize the financial returns. Supervisor Wheeler asked thatstaff be directed ta~inalyze and talk with Mr, Johansen. Get all of the mandated programs laid out so they can make a comparison for next year. As Proposition 4 may pass, if it does, it wi I I be part of the Constitufion.. She would personally like to have these figures on the funds so she could see just how much the county has to pay out of the package. She felt this would be an added tool when they come before the Board and it will help staff. APPROVED CETA COMPENSATION LIABILITY INSURANCE On motion of Supervisor Wheeler, seconded 6y Supervisor Dolan and carried, the CETA compensation liability insurance to cover activities of CETA participants, a policy through Riley, Sweeney & Marks, Chico, provides $1,000,000 coverage was approved with payment of premium with CETA funds. APPROVED INCREASED BOND LIMIT FOR AUDITOR-CONTROLLER (CETA) On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, that CETA regulations require that the amount of bond for the Auditor be increased from $75,000 to $100,000 with the additional premium to be paid with CETA program funds was> approved. APPROVED REQRGANIZATIONAL TRANSFER OF BCAG, LAFCo AND HCD FUNCTIONS AND STAFF.TO THE PLANNING DEPARTMENT Clif Mickelson, administrative officer, stated they were proposing to somewhat streamline themselves and transfer the responsibilities for BCAG, LAFCo and HCD functions and staff over to the Planning Department, Ms. Blair has the room temporarily now and when they move over to the County School's Building she will have more than adequate room. It is a policy decision they are proposing that they authorize the change. The Auditor will have to make the necessary changes. Supervisor Moseley questioned Mr, Mickelson as to the number of individuals that would be changed. Mr, Mickelson stated there would be four positions turned over to Ms. Blair. As far as the position titles that will be up to the Personnel Department, they have not discussed this, Chairman Lemke questioned if it would be an increase in salary for these people or staff, Mr. Mickelson stated there would be no increase in salariesfor staff. There is a vacant position rrow that has not been filled called Director of Housing Department, Page 227 October 9, 1979 October 9, 1979 79- That position will not be filled unless they are refunded, They will ask that the money b be put in the budget, This was Larry Brook's previous position. Chairman Lemke questioned Ms, Blair if she could handle that program, Bettye Blair, planning director, stated in the event the HCD program is refunded and there is a crash program the Planning personnel could not handle it, Administratian has had the in house analyist Gerald-ively for a back up. The Board should be aware that if the program does extend and expand they are going to have to come back and fill that position. Mr. Mickelson stated that they would have to have a director pvt on and it would be paid by the grant. Supervisor Moseley questioned if the CETA individual in HCD had been retained and was included in this move, Mr. Mickelson stated that yes Mr, Torres had been retained, Supervisor Wheeler questioned the transfer of BCAG she felt it would be a major work load thaf should be covered by the Public Works Department. Mr, Mickelson stated BCAG is a planning agency and should be in the position of planning as it is not in building roads, In regards to building roads he was sure that Planning would work with Public Works Department, Supervisor Dolan questioned what had happened to the rest of the report. Mr. Mickelson stated there was a committee working on the report, and it was their recommendation that they implement the whole thing. Chairman Lemke stated it was a study authorized by the prior Board. He was not ready to adapt the study. A transfer of functions for the rest can be brought before the Board for action, On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, transfer of BCAG, LAFCo and HCD functions and staff to the Planning Depart- ment and authorize preparation of a salary ordinance amendment implementing the transfer was approved. Mr. Mickelson staffed that the Environmental Review Department was a very necessary adjunct that should go to Planning, Supervisor Dolan felt that Environmental Review was more a part of Planning than a seperate department. Many times they present identical information. Chairman Lemke stated that it could be used as a seperate department or discontinued, if. it was a necessary function of the Planning Department, center. Supervisor Dolan questioned if there would be space without the new Mr, Mickelson stated that Mr, Lively was talking to the County Clerk, Page 228 October 9, 1979 79- b 1639 1640 October 9, 1979 the County Clerk was to be in the section with the Administration Office, Not the County Clerk's office but the Clerk of the Board. When we got the additional roam the Clerk of the. Board was moved back into ar eperate office, His proposal was-now they have the room in the Administration Officesection off an area to place her close to the Board room and they deal with her -numerous times a day and there should be close proximity. We will bring that problem back to the building committee. It wi I I not be anotker wal I , Chairman Lemke stated it amazed him that he fought far the second story and that they were looking to the future needs and before they move in there is not enough space for everyone. Clif stated they have a serious problem with the Auditor, there is very tight space in the new building, If the Clerk moves into Administration they will be able to use that space, ADOPTED RESOLUTION 79-211 APPROVING ANNEXATION TO THERMALITO IRRIGATION DISTRICT AND COUNTY SERVICE AREA 26 On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, the annexations and reorganizations to Thermalito Irrigation District and County Service Area 26, three parcels of land {AP 30-17-67, AP 30-27-51 and AP 30-27-30) for annexation were approved by adopting Resolution 79-211 and authorize the Chairman to sign, APPROVED DISTRIBUTION OF FUNDS FOR SPECIAL DISTRICT AUGMENTATION SPECIAL NEEDS T ere was discussion regarding the distribution~of special district augmentation funds from the September 25, 1979 meeting, Jim Johansen, auditor, stated he has 30 days from the date of his notification of the calculation of funds under AB 8, He stated the amount is still about $100,000. He would like clarification on the distribution of the funds for the special-needs, Mr, Johansen questioned if the Board wished to act on the three districts at this time or wait until they have the definiite total amount. Any additional amount in the special needs category that can be distributed on the same formula they may determine . John Tolle, Paradise Fire Protection District, Mr. Tdae stated they had purchased a piece of land next to Station #1 three years ago on a no interest loan. It is a very valuable piece of land. He would like to request $10,000 to make the' loan payment. Chairman Lemke stated all three districts requesting the funds:. Durham, Lime Saddle and Paradise, were Izoan payments, Supervisor Moseley stated they were going to have a meeting on the 24th for the fire department, Chairman Lemke stated the three requests added up to $65,000. if there is a balance it should be allocated on the same type of system. The balance should be divided between the three different area fire departments. With b% for CSA #53, 8°l° for EI Medio and ~.86% for Paradise, Page 229 October 9, 1979 79- b October 9, 1979 Supervisor Moseley stated~El Medio will be extremely short. They area not as big as Paradise. Supervisor Dolan stated that is important to know the exact figures. She felt what remains should be distributed to the fire districts and they are still short. She was not sure she totally understood how the Paradise Fire got left off. She felt it should be included in the three special needs amount. On motion of Supervisor Dolan, seconded by Supervisor Wheeler .. ,that the special district augmentation fund -special needs be distributed as: $42,000 to Durham Park and Recreation District; $13,000 to Lime Saddle Community Services District; and $10,000 to Paradise Fire Protection District to make payment on their Hate for purchase of property next to Fire Station ~1, and' whatever remains. to be :reported back to the Board next week and to be distributed as 6°Io County Service Area #53 (Upper Ridge Fire District); 86% Paradise Fire Protection District; and 8% EI Medio Fire Protection District. Mr. Talle replied to Supervisor Moseley's question 'as to when the payment on the note was due, it-was a $i 0, 000 annual payment and it is due in 11980. Chairman Lemke stated it was due during the next fiscal year. Mr, Johansen stated it comes due this July, Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke ABSENT: Supervisor Winston Motion carried, 1641 1642 APPROVED VARIANCE RENEWAL FOR LLOYD t. DAMS On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried the renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 42-05-007, Route 1, Box 759, Chico area, zoning "A-5" was approved.: for a period of one year. APPROVED THE REQUEST FOR PENALTY RELIEF FOR ANNA J. WOOD AND DAVID G. MARTIN Carl Morton, treasurer-tax collector, stated on the claim for refund of taxes paid by David G. Martin he would like to change his recommendation from denying penalty relief to authorizing penalty relief, Mr. Morton stated due to an incorrect billing and because of the Data Processing program there was an incorrect. address and he would recommend authorizing the penalty relief. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the following claims were approved: 1, Anna J. Wood, Authorize penalty relief for AP 50-13-0-002 and issue claim for refund. 2. David G. Martin. Authorize penalty relief for AP 72-11-1-004 and issue claim for refund of taxes paid. Page 230 October 9, 1979 79-1643 1644 October 9, 1979 APPROVED PUBLIC WORKS ITEMS On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried the following Public Works items were approved: 1 , Permission to cross one-foot strip at the north end of Robert E. Lee Drive in the Forest Ranch area for the Cunningham parcel; with the condition that "any further division of this property wil! require that the northerly extension of Robert E. Lee Drive be constructed to Butte County standards" be placed an the final map. 2. That Rolls, Anderson and Rolls do preliminary engineering for the North Chico sewer trunk line extension in an amount not to exceed $16,500; and issuance of a purchase order upon receipt of $8,250 in supplemental outside revenue. 3. Advance engineering for the Big Bend Road safety project at old Highway 40 alternate, a 500 foot section of roadway wil I be improved for safety in the foreseeable future. 4. Right-of-way Contract -Quincy Road (No. 232309) with the State of California to sell interest in 0.01 acre of county property adjoining State Highway ib7at Quincy Road '(AP 34-19-06) for $150 .and the Chairman authorized to sign. 5. Traffic signals plans and specifications for the installation on East Avenue at EI Paso Way and East Avenue at Pillsbury Road, FAU Project No. Y793 (1) was approved and authorized the Chairman and. the Director of Public Works to sign the plans; adopt the wage scale; and opening of the bid be set for November 1, 1979 at 11;00 a.m. in the Public Works Office. 6. Adopted Resolution 79-212 giving notice of intention to obligate FAS funds ($384,578) and state matching funds ($100,000) for 1979-80 which is anticipated for construction of 32 miles of the Skyway as proposed in the budget and to be advertised within the next two weeks and authorize the Chairman to sign. 7. -..Adopt Resolution 79-213 approving the agreement for a pedestrian and bike pathway crossing, Southern Pacific Railroad at MP C-184-68 which grants the county an easement for use by pedestrian and bicyclists across Southern Pacific Railroad approximately 900 feet north of Big Chico Creek; to include covering the installation of automatic warning devices at an estimated cost to county for protection work to be done by Southern Pacific is $37,155; $60,000 is budgeted for the project and the balance of funds will be used for construction of a pedestrian and bike pathway and authorize the Chairman to sign, 8. Authorize Public Works to furnish pipe for installation by the subdivider's contractor for oversized pipe to handle the Neal Road drainage and approximately 600 feet of pipe that must be installed by the county at a cost not to exceed $3,900, funds have been included in the CSA #38 budget for improvements; construction is approximately 12 miles from the Skyway which would allow drainage to be taken away from Neal Road. APPROVED FEE INCREASE FOR PLANNING DEPARTMENT'S ZOMNG ORDINANCE BOOKS -EFFECTIVE NOVEMBER 1, 1979 On motion of Supervisor Moseley, seconded by Supervisor Dolan and carried, that the Planning Department's zoning ordinance books be increased from $.80 to $1,20 to the public; to be effective November 1, 1979. Page 231 October 9, 1979 October 9, 1979 79-1645 b 1646 1647 1648 i. 1649 ADOPTED ORDINANCE 2053 AMENDING CHAPTER 1 REGARDING PENALTIES OF INFRACTIONS; CHAPTER 26 (BUILDINGS)., CHAPTER 26B (MECHANiCAL)y CHAPTER 27, (ELECTRICITY) AND CHAPTER 28 (PLUMBING) OF THE BUTTE COUNTY CODE AND AMENDMENT TO SUBDIVISION ORDINANCE On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, waive the second reading of an ordinance amending Chapter 1 regarding penalties of infractions, Chapter 26 (buildings), Chapter 26B (mechanical), Chapter 27, (electricity) and Chapter 28 (plumbing) of the Butte County Cade and amendment to Subdivision Ordinance concerning forms of security far improvements on parcel maps; Ordinance 2053 was adopted and authorized the Chairman to sign. APPROVED AMENDMENT TO LAND CONSERVATION AGREEMENT FOR ELLA R. SLIGAR Dan Blackstock, county counsel, stated that AB 581 provided that the agreement provided that you will use the lesser of the two amountso The agreement did not take that into consideration and now there are other situations of valuations of certain properties under Proposition 13, On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried the amendment to Land Conservation Agreement far Ella R. Sligar was approved and the Chairman authorized to sign. HELD OVER THE APPOINTMENT OF SENaOR CITIZEN TENANT REPRESENTATIVE TO BUTTE COUNTY HOUSING AUTHORITY The appointment to the Senior Citizen Tenant Representative to the Butte County Housing Authority was held over at this time. APPROVED REQUEST BY CITY OF OROVILLE TO USE BOARD OF SUPERVISORS' ROOM On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, giving permission to the City of Oroville to use the Board of Supervisors'. room. APPEARING: KAREN OWNSBY Karen Owns y, Paradise. Mrs. Ownsby was reminding the Board of their request for funds for the Director of STRIVE. Their new director has been with them for a month and they would like to keep her, Chairman Lemke stated that very little of that money had been distributed except for the Nowcasting and the two Meals an Wheels. He felt that it would be left in the reserve until after the election in November and they determine if Paradise is to incorporate, 1650 ~ APPEARING: JOHN RAY John Ray, Orovi I le. Mr, Ray stated he had just completed al I of the requirements that was put on him in constructing Ray Court off of Middlehoff Lane by the Public Works Department. Now the Thermalito Irrigation District has stated he has to put a b" line down this private street and a fire hydrant on a private road. He had paid into the fire hydrant fund with the county. Mr. Ray stated (here were no other buildings on this road;:except the three tats he wants to build an, He would like to have the fire hydrants put at the end of Middlehoff and Ray Court so it will serve more people. He would like a relief from the TID. Page 232 October 9, 1979 79- a 1651 October 9, 1979 '. ~ W .:. G .~ - - - - - c - - - ~ - - - ~ - ~ C C C R'. A P A Clay Castleberry, public works director, stated they have no jurisdiction over the TID. He would agree to meet with the TID and Mr. Ray to discuss this situation. COMMUNICATIONS Ringel $ Associates, Chico. The engineers, on behalf of David Wright and Dennis Challman, appeal the Subdivision Violation Committee conditions for AP 56--24-94 through ]Ol, northeast corner of Highway 32 and Head- waters Road, Forest Ranch area. Set for hearing October 30, 1979 at 11:30 a.m. Daniel T. Young. Sergeant Young submits his resignation as a member of the Citizens' Advisory Committee on Drug Abuse and Alcohol Advisory Board, Admin- istrative Office is to post and forward letter of appreciation to Sergeant Young for the Chairman's signature, Retired Public Employees' Association of California. The organization writes thank- ing the Board for adopting of the resolution of interition to amend the county's contract with the Public Employees Retirement System. Information; no action taken. Chico Area Recreation and Park District, The district writes thanking the Board far the manner in which the sessions on the special districts augmentation funds were conducted. Information; no action taken. Mr. and Mrs. Jerome F. Zanoli, Vallejo. Mr, and Mrs. Zanoli write requesting a variance from subdivision conditions to cross a limited access strip on the Skyway, AP 64-32-62, Paradise Pines Unit No. 4, lot 346 (12700 Skyway). See motion following communications. State Department of Water Resources. The department send notification that they have acquired 49.03 acres of M and T Inc, property as part of the Sacramento and San Joaquin drainage district and request that taxes be cancelled. Information; no action taken, Assemblyman Stan Statham. Assemblyman Statham writes in follow-up to the Board's letter regarding Senior Citizen Nutrition Centers. Information; no action taken. Darryl R, White, Secretary of the Senate, Mr, Write forwards Senate Concurrent Resolution No. 26 adopted by the Legislature relative to the expanded availability and use of manufactured housing. Information; no action taken. City of Chico, The city forwards fhe "Fourth Amendment to Coaperative Agreement. for formation of BCAG" which extends the present agreement until December 15, 1979 and asks that the agreement be appraved by the Board, See motion following communications, Minasian, Minasian, Minasian, Spruance & Baber, Orovilh The attorneys, on behalf of Leonard and Mary R. Bruhns, file ^ claim for damages resulting from diversion of county surface drainage wafers without benefit of easemert in the amount of $7,786,00 estimated damages, Refer to County Counsel and Risk Management, Page 233 October 9, 1979 79- 1652 S 1653 1654 October 9, 1979 APPROVED VARIANCE FOR CR05S:ING .OF ONE_F.9.0" STRI,P.ON~AP.64-32=6 , PARADISE PINES UMT NO. 4, LOT 346, MR & MRS. JEROME F. ZANOLI On motion of Chairman Lemke, seconded by Supervisor Moseley and carried, authorize a varianee_foc orossing:of :one foot strip for simple access for AP 64-32-62 for safety purposes. APPROVED EXTENDING PRESENT BCAG AGREEMENT FOR ONE MONTH On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, that the extgnd the present BCAG agreement for one month and the Chair- man is out onze to sign. ADDITIONAL MATTERS :PRESENTED BY BOARD MEMBERS ~ .. . Supervisor Wheeler discussed the matter of the North Chico traffic study. On November 6, 1979 the committee studying the traffic in North Chico will bring a final disposition to be considered by the Board. Supervisor Dolan stated the students at 'CSU-Chico had been a great help to the traffic study as they sat at the intersection of East Av3enue, Esplanade and Lassen to verify the traffic count, ' Supervisor Whe.`eler stated it was important that they recognize these young people. Supervisor Wheeler is to give a list of correct names and addresses to County Counsel to prepare a resolution and certificates of appreciation to each individual. Chairman Lernke had received the following correspondences: 1655 They had received a newsletter regarding the widening,j of Highway 99 south of Gridley lobbying. This was referred to BCAG. APPROVED SUPPORTING DEL NO RTE COUNTY BOARD OF SUPERVISORS' STAND ON INQUIRY INTO CONSTITUTIONALITY OF THE REGIONAL GOVERNMENT CONCEPT On motion of Supervisor Moseley, seconded by Supervisor Wheeler that the Board is in support of Del Norte County Board of Supervisors Resolution 79-268 regarding support of requesting an inquiry into the constitutionality of the regional government concept. Vote on motion: AYES: Supervisors Moseley, Wheeler and CChairman Lemke NOES: None NOT VOTING: Supervisor Dolan ABSENT: Supervisor Winston 16561 Motion carried. Distribution to be forwarded to Senator Robert Nimmo and Assemblyman Henry J. Mello. Copies of Del Norte County Resolution 79-268 are available for distribution, ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS C airman Lemke had received a memo from t e Assistant Clerk to the Board in regards to the Ringel & Associates appeal heard earlier in the meeting under communications. They were requesting their hearing be set for October ib, 1979. It was felt there is a full schedule of hearings set far the October lb meeting at this ~~,e1979tat rlel y~$s not suffi~ileermne~dtear~~ierinsthe meethnaring is set for October 3 a.m, as a g. Page 234 October 9, 1979 79- a October 9, 1979 Chairman Lemke stated there was a request that all Supervisors plan to attend the combined Senate Assembly meeting to 6e held in South Lake Tahoe on October 12, 1979 regarding SCA 29. This was a request from the Susanville, Lassen County Board of Supervisor's Chairman. Chairman Lemke urged all members of the Board to attend the ARB hearing to be held in Sacramento on October 12, 1979. CORRECTION TO MINUTES OF OCTOBER 2, 1979 Dan Blackstock, county counsel, stated there was a correction to the minutes of October 2, 1979 regarding the road name change in the Gridley~Durham address area. Mr. Blackstock stated Kirk Road was not on the original list that was to be heard during the public hearing. No one lives on this road so the public hearing for the name change is to be held until the next public hearing regarding road changes in the Paradise area. 1657 DISCUSSION: REGARDING REAPPORTION OF SUPERVISORIAL DISTRICTS 1658 Gerald Lively, deputy administrative officer, discussed reapportioning the Supervisorial Districts. It was felt this was the only year that there was no supervisor district election and it would be a good time to reapportion the districts. The census. of 1980 will cause a need to change the reapportion, Mr. Lively displayed several maps showing the current districts, previous districts and a proposed reapportion- ment of fhe districts. The districts are to have 20% of the population within 1%. There were two proposal changes. One would include all of the Paradise urban area. They will have to consider the school districts and the assembly district I Ines. Supervisor Moseley suggested waiting until 1982 as there is more of a radical change for her district as she would be moved into the Durham area. district. Supervisor Dolan stated she did not want to give u'p dll the people' in her Supervisor Wheeler stated she would like t~keep the Forest Ranch area. Some of Chairman Lemke's area is in Chapman town an she receives a lot of his calls because of the toll charges on the telephone, Chairman Lemke stated he receives calls from individuals in Supervisor Wi nston's area . There was discussion concerning appointing two Board members to discuss the changes but it was felt the balance of the Boo rd would not agree with whatever changes were suggested, Dan Blackstock, county counsel, stated that it was District 2 that was out of balance. Mr. Lively is to come up with several proposals and come back to the Board. RECESS: The Board recessed at 12:00 p.m. for lunch break. RECONVENE: The Board reconvened at 1:30 p.m, following lunch break... page 235 ~. October 9, 1979 79- b October 9, 1979 YEXECUTIVE SESS[ON: The Board recessed at 1;30 p.m. to hold an executive session regarding litigation. RECONVENE: The Board reconvened at 2:39 p.m, after holding an executive session. Nothing to report at this time. ADJOURNMENT Tmere being nothing further before the Board at this time, the meeting was adjourned at 2;40 p.m. to reconvene on Tuesday, October Ib, 1979 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDERand ex-officio Clerk of the Butte County Board of Supervisors 1 if airman, Boar o Supervisors Page 236 October 9, 1979