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HomeMy WebLinkAboutM112779 79- a 1906 1907 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) November 27, 1979 The Board of Supervisors met at 9:00 a.m. pursuant to .adjournment Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. C1if Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Nancy Wilson, deputy clerk. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley APPROVAL OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the minutes of November 20, 1979 were approved as mailed. ADOPT RESOLUTION 79-240 RE: DISTRIBUTION OF REVENUE SHARING FUNDS FOR PARADISE FIRE PROTECTION DISTRICT AND EL MEDIO FIRE PROTECTION DISTRICT There was a report to the Board at this time on a motion and vote handled at the November 20, 1979 meeting regarding the distribution of revenue sharing funds for Paradise and E1 Medio Fire Protection District. matter. The Board had received a memo from County Counsel regarding this Dan Blackstock, county counsel, stated he would not advise the Board to-go ahead with the vote from last week in taking the funds from revenue sharing with a 3-2 vote. He felt in this day and age any attorney might attempt to question the legality of the vote. It is being done in other places. Chairman Lemke stated when he had discussed this matter with Mr. Blackstock last week after the meeting and he had indicated he would be happier with either a 4-1 vote or a 3-2 rejection. He felt he was in an add position by bringing this back because it is the majority of the allocation to go to his district in Paradise. He would not hesitate to 100% fund the fire districts in all areas ar 80% or 90% funding. He felt they needed the fire and police protection and he was seriously asking for a lot of soul searching from this Board. last week. Mr. Blackstock stated the Board should reverse their action of On motion of Chairman Lemke, seconded by Supervisor Wheeler and unanimously carried, that the motion of last week, minute order 79-1902, be rescinded on the Paradise and E1 Medio Fire Protection Districts. It was moved by Chairman Lemke, seconded by Supervisor Wheeler and carried Resolution 79-240 to grant and distribute to the El Medio Fire Protection District $35,000 and this Board to distribute to the Paradise Fire Protection District $242,843 which funds are to be determined to be available and according to the Revenue and Taxation Code 98.8 and direct the Auditor to make funds available upon transfer from the unallocated revenue sharing funds from Butte County's 1979-80 budget was adopted and the Chairman was authorized to sign. Supervisor Moseley stated she would probably change her vote. She stated this money is going to have to go here to get these people -- through and on their own. It is not exactly what she would have liked. to Page 379. November 27, 1979 79- _ - _ _ = v ~ _ _ _ _ _ = November 27 z 1979 _ _ _ _ _ J _ _ _ _ _ _ _ _ see, she would like to see more money in the County Fire Department and some smaller volunteer groups. She wanted to get these people so they are on their own. Chairman Lemke stated his stand has been for fire and police protection. Vote on the motion: AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke NOES: Supervisor Winston Motion carried. 1908 1909 MOTION RE: RICHVALE VOLUNTEER EIRE DEPARTMENT REVENUE SHARING ALLOCATION HANDLED LATER IN THE MEETING Supervisor Moseley stated there was one other item that had been before the Board previously and it was the Richvale emergency services. They are asking for a pickup that is equiped with emergency medical equip- ment. It was moved by Supervisor Moseley, seconded by Supervisor Winston that the Board give to the Fire Department in Richvale $7,500 for a pickup to carry emergency equipment from unallocated revenue sharing funds. Supervisor Moseley stated they had previously asked for $10,000. They needed the pickup to take the emergency medical equipment when they are called out. They go out on more medical calls than fire calls. It was on the revenue sharing request list. Supervisor Winston questioned when they were going to consider the revenue sharing allocation requests. C1if Nickelson, administrative officer, stated if they would instruct him to set a certain date they can take care of it. Supervisor Moseley felt they were piece mealing the money and soon it would be gone. Chairman Lemke stated there were no public hearings scheduled on today's meeting and wondered if after lunch they could get the Auditor to help them and to discuss the revenue sharing list. Mr. Nickelson stated they have about $525,000 or close to that amount in the unallocated fund. They have taken action on the E1 Medio and Paradise Fire Protection District. He felt they could make some decisions now. Supervisor Moseley withdrew her motion at this time. To be considered later in the meeting. The Administration Office is to notify Mr. Johansen and make copies of the previously distributed list of revenue sharing requests. COUNTY COUNSEL'S OFFICE TO CONTACT SENATOR JOHNSON'S OFFICE REGARDING RESOLUTION THE BOARD ADOPTED ON THE CONSTITUTIONALITY OF REGIONAL GOVERN- MENT CONCEPT Chairman Lemke had received a memo from Cathy Pitts, .assistant clerk to the Board regarding a telephone call from Ms. Cabotic in Senator Johnson's Office regarding Resolution 79-221 requesting support into an Page 380. November 27, 1979 79- b' 1910 1911 1912 November 27, 1979 inquiry to the constitutionality of the regional government concept as the resolution was too broad. Ms. Cabotic indicated she would be willing to speak before the Board. Supervisor Winston questioned if i.t could be handled. by a telephone call. The memo was given to County Counsel and to be taken care of by his office. APPROVED PURCHASE OF TRANSCRIPTION EQUIPMENT FOR THE BOARD OF SUPERVISORS ROOM TO COME•FROM UNALLOCATED REVENUE SHARING C1if Mickelson, administrative officer, stated the tape recording system had been purchased some time ago for the Board Room in the Administration Center. It requires a special transcriber because of the slow speed and multi-channel features. The transcriber is to be kept in the Clerk of the Board of Supervisors Office as there are many requests for taping or transcription of the original tapes of Board meetings. On a motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the purchase of a special transcriber from Lanier Business Systems at a cost of $740 with funding to come from the unallocated revenue sharing fund was approved. APPROVED PURCHASE OF DEDICATION PLA UE FOR THE ADMINISTRATION BUILDING On a motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, the purchase of a dedication plaque for the new Administration Building which will be dedicated in late February with funding to come from Administration Building account was approved. CERTIFICATION OF ELECTION AND CANVASS OF VOTES FOR THE NOVEMBER 6, 1979 SPECIAL STATE ELECTION, UNIFORM DISTRICT ELECTION AND SCHOOL GOVERNING BOARD ELECTION The following Certification of Canvass of Votes for the Nov- ember 6, 1979 Special State Election, Uniform District Election and School Governing Board Election was read into the minutes by Chairman Lemke as follows: CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF THE NOVEMBER 6, 1979 SPECIAL STATE ELECTION, UNIFORM DISTRICT ELECTIONS AND SCHOOL GOVERNING BOARD ELECTIONS STATE OF CALIFORNIA ) ss COUNTY OF BUTTE ) I, Clark A. Nelson, County Clerk of said County, do hereby certify that, in pursuance of the provisians of Section 17059 and 17090 of the Election Code, and of the resolution of the Board of Supervisors of said County, heretofore adopted and entered upon the minutes of said Board. I did canvass the returns of the votes cast in the First and Third Assembly Districts in said County, and far and against each measure submitted to the the vote of the voters, and that the whole number of votes cast in said Assembly Districts in said County and the Whole number of votes cast for each candidate and far and against each measure in said Assembly Districts in said County and in each of the respective precincts therein, and that the totals of each respective columns and the totals as shown far each candidate and for and against each measure are full, true and correct. Page 381. November 27, 1979 79- b - - _ _ _ _ _ - _ _ _ = November 27„ 1979 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Witness my hand the Official Seal of rriy Office this 27th day of November 1979 /s/ Clark A. Nelson CLARK'A. NELSON, COUNTY CLERK-RECORDER COUNTY OF BUTTE,, STATE OF CALIFORNIA 1913 1914 ADOPTED RESOLUTION 79-239 RE: PARADISE REORGANIZATION AND APPROVED WARRANT TO STATE BOARD OF EQUAZIZATION FOR FILING__FEES On a motion of Supervisor Mosdley, seconded by Supervisor Winston and unanimously carried, Resolution 79-239 approving the reorganization of Paradise; and a warrant in the amount of $120 to pay State Board of Equal- ization filing fees with funds to come from the Board of Supervisors special department expense budget was approved and the resolution adopted and the Chairman authorized to sign. Chairman Lemke invited everyone to attend the swearing in ceremony this evening at 7:30 p.m. in the Paradise Justice Court Build- ing for the Town of Paradise Council. ADOPTED RESOLUTION 79-241 :ADDRESSING. T0.`-GOVERNOR BROWN NOTTFICATION THAT BUTTE COUNTY PARTICIPATION IN ODD-NC1'EN GAS PLAN IS ON.VOLUNTARY"BASIS Tom Struthers, civil disaster coordinator, gave a report on the odd-even gas plan and the enforcement costs at this time. Mr. Struthers stated he wished he could tell the Board it was an option to go into the odd-even gas plan. The governor through his power directed the state to initiate this plan. The odd-even plan began for the counties which were on the plan previously on November 26. The other counties are to go into effect at 12:01 a.m. next Monday. The regulations set out the requirements for the retailers to follow. It is on their back to see that these requirements are done. Such as which flags are to be set up, not sell more than 20 gallons to an individual at one time and they not top their tanks. He could not give an estimate of the cost of enforcement. The Sheriff's Office does not have the personnel to enforce the program vigorously. If the Board wanted the plan enforced vigorously he could get them from a CETA project. Ghairman Lemke stated if the Sheriff had four people he could put on this program because of the geographic distance to this county he would be spending more gas trying to figure out if someone was not follow- ing the regulations that they would be saving. In Chico there are 100 gas stations and if a gas station owner knew he had been checked first thing in the morning and there ,were 99 more stations to go he could sell to who ever he wanted. That would be the end of the enforcement. There is no logic to the governors program. There is no logic to any portion of the odd-even program until it conserves gas, until there is an immediate shortage of gas because people will start storing gas in tanks. He suggested to the Board members enforce this program until the governor gets rid of it. He felt they should"not spend .,any more money on .the enforcement than they are already spending now and that is the only way they can do, it unless the state wants to pick up the tab. Supervisor Winston suggested it be on a volunteer basis on the part of the gas stations-and on a complaint basis. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, tha-.odd-even limiting plan be enforced on a complaint basis. Page 382. November 27, 1979 79- d' 1915 1916 1917 1918 November 27, 1979 Mr. Struthers stated it is the Sheriff's ultimate responsibility for the enforcement. He felt they should handle questions and calls regarding complaints On a motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, that the previous motion be rescinded regarding the odd-even gas plan on a complaint basis. On a motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 79-241 addressed to Governor Brown of California stating that in light of fiscal restraints placed upon this county by the State of California and the absurditycfthe odd-even plan that this county is in no position to enforce the odd-even marketing plan and states that any enforcement or compliance will be a volunteer basis on the gas marketing and general public and any inquiry from the general public is to be directed to the appropriate State of California agency .was adopted and the Chairman authorized to sign. ' Mr. Struthers had two .telephone numbers. One for gas station retailers and one for the general public. Mr. Struthers to give the numbers to the press. It was felt the governor was playing politics. This county cannot afford this program. Mr. Struthers is to give the two phone numbers to the Sheriff's Office. APPEARANCE: JIM GILPATRICR AND WILLIAM HOLDING Jim Gilpatrick, Paradise 'fire chief. Mr. Gilpatrick wanted to thank not only the fire department but the members of the Board for their part and the people of Paradise. William Holding, Paradise Fire Protection District board member. Mr. Holding wanted to thank Mrs. Moseley for changing her vote. APPROVED BUDGET TRANSFER On a motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the fallowing budget transfer was approved: B-36 - Fire Protection. Transfers $364.75 from the contingency reserve .for the North Chico Fire Station to land in order to cover the closing costs relating to the purchase of property for the North Chico Fire Station. ADOPTED RESOLUTION 79-242 GIVING NOTICE OF INTENTION TO SELL PROPERTY AT BURBANK SCHOOL STTE On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, Resolution 79-242 giving notice of intention to sell the Burbank School site, property identified as AP 35-10-104 and setting the bid opening for January 8, 1980 at 11:15 a.m. in the Board of Supervisors room was adopted and the Chairman was authorized to sign. COMMUNITY ACTION AGENCY ITEMS APPROVED Chairman Lemke questioned if Mr. Rackerby had discussed the Personnel Policy Manual changes with Mr. Mcl3aughton. Jim Rackerby, personnel director, stated they are .under a different county contract and if they are only technical changes he does not need to clear them through the Personnel Office. Project. Supervisor Dolan questioned the item of the Senior Nutrition Page 383. November 27, 1979 79- 3 November 27, 1979 Jim McNaughton, executive director community action agency, stated there is"now a surplus in the contract they took over for this year. This is the second contract the first one was thin. The second contract was more than what they could have spent. That is because they started on such a tight budget. It was not a County match it was in-kind. Clif Mickelson, administrative officer, stated the second contract superceded the first contract. Mr. McNaughton stated that $8,000 or $12,000 could be in-kind funding. If the funds are not used by December 3I the money will go back to the State of California. Supervisor Dolan stated Mr. McNaughton had done a very goad job at saving money. Mr. McNaughton stated when they set up the program they allowed for what Superior California had been getting. They did not need a full time director so they saved money. Supervisor Moseley stated in regards to the Census Project she was not in favor of something for that much money. She felt government wasn't going to learn what the people have been alerting them to in big spending. She did not feel it was going to be physically possible for one person to get that much going. Mr. McNaughton stated the amount was going to be limited. The time period is from December 10 through April 13 which is less than 5 months. The idea is that the Federal Bureau of Census will have one person working with the county. One field representative. This individual is from the state EDD. That is where the money is coming from. The two would be working together and work through groups such as Iow income, minorities and the senior citizens. There will be workshops. In Butte County the CAA spend vital time on the census. If we do not get the individual it will go to another county. Chairman Lemke stated this was not a way to get his vote. Mr. McNaughton felt Butte County could and should get the money. We have been allowed the position, the position is to cover more than Butte County it will do more for Butte County. Supervisor Winston £e1t this nation has conducted censuses for 200 years and without this project and have worked very well. Mr. McNaughton had spoke with Bob Gaiser who is in charge of census for the county and he has given his support. Chairman Lemke stated he supported the project. He hoped it would be geared to an accurate count. He stated they were so concerned with the state count in 1970 that the county had requested a census in 1975. There was no problem as far as realizing the subvention. He felt they were missing groups all over the nation. The money should not be spent in the first place, the problem is not that great regarding the subvention. With- out this outreach program from where we could take that $7;600"'.•and shove it back up the pipe it will just slip out. The one who gets this will get more money. There was a motion by Supervisor Wheeler, seconded by Super'v'isor Dolan that the following Community Action Agency items be approved: Page 384. November 27, 1979 November 27, 1979 79- 3' 1. Approve lease agreement with First United Methodist Church of Oroville for the use of classrooms, kitchen, playground and ground areas for the Head Start Program for the period October 1, 1979 through June 6, 1980 at a cost of $475 per month and authorize the Chairman to sign. 2. Approve Iease agreement with First Christian Church of Chico for the use of classrooms, patio areas, kitchen facilities and parking-. lot for the Head Start Program for the period October 1979 through the first week in June 19$0 at a cost of $460 per month and authorize the Chairman to sign. 3. Approve Iease agreement with Taylor Memorial Church for use by the Senior Nutrition Program in Oroville for the period September 17, 1979 through Aecember 31, 1979 at a cost of $200 per month and authorize the Chairman to sign. 4. Approve working agreement with Chico Area Recreation and Park District for the use of the CARD Chapman Center by the Senior Nutrition Project in Chico for the period September 17, 1979 through December 31, 1980; this is a working agreement and GARA provides the center for use on an in-kind basis and the Chairman was authorized to sign. 5. Approve audit agreement with Matson & Isom Accountancy Corporation to provide for a financial audit of the weatherization grant and two utility payment programs that were operated last spring at a cost not to exceed $1,150 and authorize the Chairman to sign. 6. Approve Senior Nutrition Project budget modification as the State Department of Aging has revealed a surplus of $16,315 and the amend- ment is to utilize the surplus to purchase expendable and non-expendable equipment for Feather River Senior Center with some items to be used at the present Oroville site pending completion of ~eatter River Center in 1980 and authorize the Chairman to sign. 7. Approve Personnel Policy Manual changes for Community Action Board covering performance evaluation report, disciplinary action and probationary period. Supervisor Dolan questioned the surplus equipment item they are going to buy with this money had they consulted with the Senior Center members. The members should be consulted if they were going to buy items such as stoves and refrigerators. Mr. McNaughton stated the Feather River Senior Citizens group and people from the State had been consulted. The staff in Oroville have been consulted. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman 1919 Lemke NOES: None Motion carried. E ECONOMIC OPPORTUNITY Supervisor Dolan stated Mr. McNaughton, executive director of Community Action Agency, was suggesting that the work can and should be done in Butte County for the census project. Page385. November 27, I979 79- 51 _ _ _ _ _ _ _ _ _ _ _ _ November 27 z 1979 = _ _ _ :: _ _ _ _ _ ~ ~ - _ _ _ Mr. McNaughton stated that $650,000 is allocated for the State. With $7,657 £or the northerncounties of which Butte is one. Clif Nickelson, administrative officer, stated he felt it was a ridiculous concept. If this Board turns the program down and Shasta County receives the contract .then they will hire someone to come to Butte County to handle the project here. He felt the Board should go ahead and accept the grant. On motion of Supervisor Dolan; seconded by Supervisor Wheeler the Board approve the Census Project contract agreement with the State 0£fice of Economic Opportunity to participate in the conduct of an out- reach program to appraise citizens of the importance of filling out and returning the 1980 federal census forms; the contract is in the amount of $7,657 to hire an individual from December 10, 1979 through April 15, 1980 and includes $6,112 for salary ar_d fringe benefits, $1,095 for travel and $450 for administrative overFiead'and authorize the Chairman to sign subject to review by County Counsel and the Auditor. Vote on motion: AYES: Supervisors Dolan, Wheeler and Chairman Lemke NOES: Supervisors Moseley and Winston Motion caxried. 1920 DENIED SUBMISSION OF ENERGY CONSERVATION EDUCATION PROPOSAL TO THE STATE DEPARTMENT OF EDUCATION This is a proposal to buy a van and two staff members and equip- ment and material to tell school children from grades 1 through. 8 how to conserve energy. Supervisor Winston felt here government is spending another $37,000 telling school children and teachers and it could be done by telling your children to turn off the light switch; that it was just building a bureaucracy. He felt this Board of Supervisors has had enough of this kind of spending and it must stop. He felt it was a duplication of programs. There was a motion by Supervisor Winston, seconded by Supervisor Moseley that the request for approval of submission of the State Department of Education for energy conservation be denied. Jim McNaughton, executive director of Cammunity Action Agency, stated the schools had reviewed the proposal and supparted it. There are letters of support from five individuals he had listed and none of them felt it was a duplication, an adjacent perhaps. It was not a part of their current curriculum and it was severely needed. PG&E has a lady out of the Marysville office who goes to the schools once a year. Supervisor Winston stated a seven year old could be told to turn off the light switch and television and did not need ,this program. Supervisor Wheeler stated she did not .:understand, they are asking the schools and teachers to tell the children something the parents should be teaching them at home as part of the role of being a family and she did not like government coming in this way. Chairman Lemke felt the most effective tool being used to teach the children is through SMUD. The puppeteer is being used on television Page 386. November 27, 1979 November 27, 1979 79' commercials and it is played at cartoon time. 3 Mr. MnNaughton stated they have worked with PG&E and have dis- cussed this program but PG&E are limited in what one individual can do. They go upon-the teachers request. They are not only going to go into schools but work with other community groups and senior citizens, he did not feel it was just going to be into the schools. Supervisor Winston stated when he was a child they learned that by conserving they would get the nickel to go to the movies. He stated that disadvantaged people are now subsidized by their electric and power bills. People come to expect things. The schools should find the time to address this matter and the government does not have the time to spend money on this. People in this nation are going to have to conserve on their own. Mr. McNaughton stated that people who request the subsidy are given an audit of their home and told where they can save and try. to get away from the give away. Supervisor Dolan felt this was a good energy approach. She felt it should be happening in schools and someone should be spending more time to teach the energy conservation to the children. Supervisor Wheeler felt it should begin at home and it cannot come from the schools. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Motion carried. 1921 ~ APPROVED COMMUNITY SERVICES ADMINISTRATION BLOCK GRANT BUDGET MODIFICATION On motion of Supervisor Dolan, seconded by Supervisor Winston and unanimously carried, Community Services Administration Block Grant budget modification to cover projected shortages in specific line items and to redirect anticipated budget surpluses in order to more completely achieve 1979 program goals grior to close of grant year on December 31, 1979 was approved and the Chairman authorized to sign. Supervisor Moseley questioned if the equipment that was to be purchased could be leased or rented out after the end of the year and if they get the equipment back. Jim Mcl3aughton, executive director Community Action Agency, stated some of the equipment is lo~~ied.out but items such as rototillers are not loaned to either staff or volunteers. RECESS: 10:10 a.m. RECONVENE: 10:29 a.m. 3922 APPROVED APPOINTMENTS TO CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE AND ALCOHOL ADVISORY BOARD Jean Covell, chairman Citizens Advisory Committee on Drug Abuse and Alcohol Advisory Board, was before the Board to explain the reason for the eight resignations from the Advisory Board. Ms. Covell had talked to Supervisor Winston and Chairman Lemke and the eight 'that resigned were members who .had not'been able to attend meetings and since she was appointed Page 387. November 27, 1979 79- 1923 November 27, 1979 Chairman she had contacted the individuals and they had stated they wished to resign. There had been problems with having a quorum and could not take any legal action. Ms. Covell questioned if the Board had received a copy of the news release regarding the community public hearing on Drug Abuse to be held in Chico on December 11, 1979 from-10:00 a.m. until 5:00 p.m. at the Chico Municipal Center. She understood this was on their regular meeting date but wished one of them could attend or send a representative to attend. The_Board had received copies of the meeting. A copy was to be given to the press. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following individuals were appointed to the Citizens Advisory Committee and Alcohol Advisory Board: Joyce Quaytman, director of Butte County Crisis Service - term to expire July 1, 1982. Ben Eiland, graduate-student'CSU-C - term to expire July 1, 1982. George Drams,d irector of Self Help Incentive Program - term to expire July 1, 1982. 1982. Don Bowlby, Crime Prevention Committee - term to expire July 1, 1980. Bill Demers, public member - term to expire July 1, 1980. Phylis Wyman, Northern Valley Indian Health - term to expire July 1, Ms. Covell stated they still needed a representative from the clergy. If any of the Board members knew of an individual to recommend to let her know. ADOPT RESOLUTION 79-243 FOR PROGRAM SUPPLEMENT ~kll - SK'YWA'Y FAS PROJECT WITH PUBLIC WORKS 61ay Castleberry, public""works director, stated ev'erythxng was° in order on this item. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Resolution 79-2.43 authorizing the execution of program supplement ~kll to master agreement No. 03-5912 covering the fund- ing for the construction of two additional lanes on the Skyway FAS project from 0.8 miles east of ~.umbug Road to 2.4 east of Oakridge Drive; total amount of funding is $931,000 (federal, $730,719; state, $200,000; and local, $281) was adopted and the Chairman was authorized to sign. 1924 I ADOPT RESOLUTION 79-244 REGARDING TfIE RENAMING OF ORD FERRY' ROAD On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Resolution 79-244 amending Resolution 79-182 concern- ing the renaming of Ord Ferry Road from Dayton Four Corners to the Sacramento River due to a error in posting and publishing of the name change was adopted and the Chairman authorized to sign. Ray Cobbler, public works, stated originally it was intended to change three roads to one name .(Ord Ferry Road) it had been discussed with the committee in the Durham area and it was suggested as Durham Dayton Page 388.. November 27, 1979 November 27, 1979 79- Highway. It was adopted and accepted and was recorded as such. They have ~ notified the county dealers who hand out permits as to the change. They have also notified the emergency vehicles and other truckers of the name change. Mr. Cobbler suggested they keep the name that was adopted at the time it was recorded. Clay Castleberry, public works director, stated they would do as the Board wished. Supervisor Dolan stated they have tried very hard to reach everybody. Dan Blackstock, county counsel, stated you have to give people due process. When you do not post that you are going to give a 'name change, those people have to be accorded the process. When this happens in the future the best thing, even though you are not going to change it, is post it the entire length. This particular road they did not know it was up for a name change. Mr. Cobbler stated it was left off the list because in the beginning it was going to be the name change for the entire route. The people in the community did not like that name and they then settled on Durham Dayton Highway as the name. There was discussion regarding bolding another public hearing. Mr. Castleberry stated they are trying to number both sides of all roads. If people wish changes of addresses they have to go to Public Works and then it goes to public hearings. 1925 PUBLIC WORKS DIRECTOR AUTHORIZED TO ISSUE A BUILDING PERMIT FOR JOHN HOLLOWAY. OPTIMO SUBDIVISION Clay Castleberry, public works director, stated he had talked with a Mr. John Holloway of Paradise who had applied for a building permit on a legitimate parcel and another on a substandard on a map process on the Skyway. It is an 18 foot strip to go with his lot. He would like authorization to issue Mr. Holloway a building permit. He is presently going through the process of a Boundary Line Modification application. Someone else had made an illegal parcel split. Chairman Zemke stated by moving the 18 foot lot, lot 2 is illegal. It is already built on. Then ~k2 becomes a substandard lot, but ~kl and ~~2 combined is fine. What is left of ~k2 is illegal. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Clay Castleberry, Public Works Director is authorized to issue a building permit to John Holloway, Optimo Subdivision Lot ~~3 and part of ~~2, AP 50-01-40 and 39 as owner is going through the process of a reversion to acreage and redivision caused by another individual dividing a lot without benefit of a map. 1926 ADOPT RESOLUTION 79-245 IN AYPRECIATTON OF THE AMERICAN SOCIETY OF CIVIL. ENGINEERS STUDENT CHAPTER AT CALIFORNIA STATE UNIVERSITY CHICO Supervisor Wheeler stated there-had been a lot of work done in the vicinity with trees being cut and they hope the lights might be installed before Christmas. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, Resolution 79-245 in appreciation of the American Society of Civil Engineers Student Chapter - California State University, Page 389. November 27, 1979 November 27, 1979 79- Chico was adopted and the Chairman authorized to sign. a 1927 WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2066 RE: AMENDING CHAPTER 20 OF BUTTE COUNTY CODE RELATING TO TIMELY APPEALS OF SUBAIVISIONS; ADD AUTHORIZATION TO USE CONTRACT OF A FORMED ASSESSMENT AISTRICT IN LIEU OF REQUIREMENTS; AND CONTINUANCE OF CLOSED_HEARINGS There was a motion by Supervisor Moseley to adopt the ordinance. Supervisor Moseley withdraws her motion. On a motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, waived the second reading of the ordinance amend- ing Chapter 20 of the Butte County-Code. On a motion of Supervisor Wheeler, seconded by Supervisor Winston that Ordinance 20b6 amending Chapter 20 of the Butte County Code by the following: amend Section 20-66 relating to provisions on timely appeals of subdivisions; add Section 20-155 which would give authorization to use the contract of a formed assessment district in lieu of the requirements for labor and material, maintenance and performance bonds and subdivision agreement; and amend Section 20-171 related to the continuance of closed hearings was adopted and the Chairman authorized to sign. Supervisor Dolan felt the time limit and the subdivision as attached is too much lee way and the extension for timely appeals are too much and_the Board will be spending too much time on them. And to allow appeals to be held after the time period has been up. Chairman Lemke felt that with the incorporation of Paradise the Board would not be having as many appeals before them. Vote on the motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Motion carried. 1928 ADOPTED RESOLUTION 79-24b AMENDING THE STATE TV CABLE BUSYNESS LICENSE AND NON-EXCLUSIVE FRANCHISE FOR OPERATING STATE CABLE TV Dan Blackstock, county counsel, stated that they are adopting the same provision that Chico has amended for their franchise. It is not to regulate rates and they are not including one provision of the Chico ordinance. Regulated rates are up and down depending on the location, city or unincorp- orated areas, with the 10~ or cost of living which ever was last. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Resolution 79-246 amending State Cable TV's business ,' license and non-exclusive franchise for the operation of State Cable TV was adopted and the Chairman authorized to sign. '1929 APPROVED AMENDMENTS TO LAND CONSERVATION ACT AGREEMENTS Dan Blackstock, county counsel, stated he will see the Board does not get any more of these emergency statutes. The amendments did say the Assessor should use the lower of the two types. There will be more legislature passed in November changing the service. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following Land Conservation Act agreement amendments-were approved.-and the Chairman was authorized to sign: Page 390, November 27, 1979 79- b '1930 November 27, 1979 1. Bertagna Orchards amendment to Land Conservation Act agreement recorded in Book 2363, page 462. 2. Bernardo L. Bertagna and Carmen G. Bertagna amendment to Land Conservation Act agreement recorded in Book 2051, page 150. 3. Bertagna Orchards amendment to Land Conservation Act agree- ment recorded in Book 2258, page 590. 4. Bertagna Orchards amendment to Land Conservation Act agree- ment recorded in Book 2145, page 102. 5. Bertagna Orchards amendment to Land Conservation Act agree- ment recorded in Book 2051, page 143. APPROVED APPOINTMENTS TO DURHAM MOSQUITO ABATEMENT DISTRICT On a motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the following appointments were made to the Durham Mosquito Abatement District-with term to begin January 1, 1980: i. Marolyn Weibel 2. Robert Kidd 3. Charles H. Manning, 3r. 1931 APPROVED APPOINTMENT': TO BUTTE COUNTY MOS UITO ABATEMENT DISTRICT On a motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the following appointment was made to the Butte County Mosquito Abatement District: 1. James Shelby - East Oroville (District 1) 1932 1933 ADOPTED RESOLUTION 79-247 COMMEMORATING THE INCORPORATION OF THE TOWN OF PARADISE Chairman Lemke presented a resolution he would like to have adopted and signed and placed in a frame. He wanted to present it to the new town council this evening. On a motion of Supervisor Ao1an, seconded by Supervisor Moseley and unanimously carried, Resolution 79-247 commemorating the incorporation of the Town of Paradise was adopted and the Chairman authorized to sign; with. the resolution to be placed in a frame for presentation. COMMUNICATIONS DuFour Realty Company, Chico. Tom DuFour, president, writes requesting that the Board petition the Governor's office to eliminate the necessity to enforce the "odd-even" days for the sale of gasoline in Butte County. Handled earlier in the meeting. Marsh, Mastagni and Marsh, attorneys at law. The attorneys, on behalf of Patricia Lee Waller, file a claim in the amount of $1,200,000 as a result of an automobile accident on State Route 32 in Tehama County that occurred on August 12, 1979. See motion following communications. County of Los Angeles. The Board of Supervisors forwards its resolution urging the County Supervisors Association of California to adopt as an official policy the enactment of a comprehensive health and welfare financing plan. This matter tabled at this time. Page 391. November 27, 1979 79- y' 1934 1935 ',1936 November 27, 1979 Butte County haw Enforcement Officers Association. The association writes appealing the decision of the Personnel Director regarding the designation of supervisory employees and requests a public hearing for the purpose of requesting a modification or amend- went to Section 11.7 of the Personnel Rules to allow law enforce- ment supervisory employees to be placed in a general-supervisory unit. Hearing date set for December 4, 1979 at 10:30 a.m. U.S. Department of Labor. The department writes forwarding information on the assessment of Butte County's progress during the fourth quarter of FY 1979 in correcting problems identified in the formal assessment letter of August 31. See item after commun- ications. John D. Drake, Chico. Mr. Drake writes appealing the Advisory Agency's conditions 8 and 19 on the Woodside tentative subdivision map, AP 44-47-74, 46 lots, east side of Highway 99, south of Eaton Road, Chico. Hearing set for December 18, 1979 at 10:45 a.m. REJECT CLAIM FROM MARSH, MASTAGNI AND MARSH REPRESENTING PATRICIA LEE WALLER On a motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the claim in the amount of $1,200,000 on behalf of Patxi.cia Lee Waller as a result of an automobile accident on State Route 32 in Tehama County that occurred on August 12, 1979 was rejected and referred to Counsel and Risk Management Coordinator. DISCUSSION: REGARDING U.S. DEPARTMENT OF LABOR REPORT There was discussion held at this time regarding the report from the U.S. Department of Labor regarding Butte County's progress during the fourth quarter of FY 1979. Chairman Lemke felt the report was beefed up and they are not on the same wave length as the Department of Labor. He felt that at the end of the programs a lot of people do go into the particular field, The youth involved are still enrolled in school. One of their projects was through the Department of Forestryand after the work was completed they went back to school, they do not get jobs and. they are not employed. Supervisor Dolan stated they had projected"5:3%would find jobs at the end of the summer. ADDITIONAL COMMUNICATIONS Carl Morton, Treasurer=Tax .Collector. Mr. Morton submits his resignation as a member of the Data Processing Executive Committee. See motion following additional communications. ''..1937 (APPOINTED MEMBERS TO THE DATA PROCESSING EXECUTIVE COMMITTEE Supervisor=-Wheeler had a statement she read regarding the resign- ation of Mr. Morton from the Data Processing Executive Committee. She felt it was unfortunate that he publicly resign before he submitted his written resignation. She had read about his resignation in the newspaper last week before he had submitted it to the Clerk of the Board. She stated his charges were unfounded. She had read Mr. Morton's letter in his office and she would have comments on his charges in the near future, approximately in one week. On a motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the appointments of Bob Crisan, Welfare Director and Clark Nelson, County Clerk-Recorder to the Data Processing Executive Committe-were approved. Page 392. November 27, 1979 November 27, 1979 79- Supervisor Wheeler stated she could not function as committee $' chairman if the members do not attend. She stated she would not tolerate the Data Processing Department of Butte County to be used"any furbher as a whipping.postforany person within our County system. 1938 ADDITIONAL MATTER BY BOARD MEMBER Chairman Lemke stated he had received a reply from the Depart- . ment of Parks and Recreations about day use fees and the annual permit, it was sent to his home. Chairman Lemke read from the form letter he had received. There is to be legislation coming from the Senate floor on this policy in January. Chairman Lemke noted that individuals 62 years old or over the use fee is reduced in half except the Hefirst Castle tours. RECESS: The Board recessed at 11:14 a.m. for a lunch break. RECONVENE: The Board reconvened at 1:10 p.m. to consider revenue sharing funds. '1939 ADDITIONAL COMMUNICATION Chairman Lemke stated he had received a post card from Mrs. E1Roy Nathan, Chico. The letter was in appreciation for the cleared line of vision for car drives as well as the walk way for pedestrians and bicyclers constructed on the north side of East Avenue between White Avenue and beyond the railroad tracks. 1940 DISTRIBUTION OF REVENUE SNARING FUNDS MADE PENDING MORE LNFORMATION REGARD- ING.FINDING FOR NEXT FISCAL=YEAR BY-THE AUDITOR-- airman a state ey were o Lscuss the revenue sharing request list of approximately 24 to 31 outside agencies. Ciif Mickelson, administrative officer, set~out the items the Board had previously approved. Both County uses and outside uses. Dan Blackstock, county counsel, asked to be excused and if they requested his assistance he would come back. Tf they were to make any approval to bring it back as a contract with the final approval. On the revenue sharing for final use bring a contract~back. The final decision will be when Cour_sel hands the Board a contract to execute. Chairman Lemke questioned if they would need a 4-1 vote for the outside agencies. Mr. Blackstock stated yes it would need four votes. Supervisor Winston stated theythad received a long memo from Mr. Bishop from the multi-center in Chico. This issue had been discussed a number of times. It is a one time contribution of $58,000 to initiate a multi puupose center in Chico. He had sat at the meetings and many times seen the building. There is a need for it in Butte County. The Commission on Aging has also recommended this. The Board has contributed to senior centers in Oroville, Paradise and Stirling City. On a motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, a one time contribution•of $58,000 be made to the Butte County Council of Senior Citizens to renovate 2100 Oak Park Avenue property in Chico for a multi-purpose center. Supervisor Wiziston stated there was a need at the Pioneer Volunteer Fire Department in the Bald Rock - Berry Creek area. They had $10,000 to construct a fire house. The money was used to buy concrete, framing Page 393. November 27, 1979 i November 27, 1979 79- material and exterior sheething. They have conducted cake sales, •barbecues ~ and other community fund raising functions. They needed. $4,000 for insulation and sheet rock for the entrance way. Tt has all been volunteer labor. There was a motion by Supervisor Winston, seconded by Super- visor Moseley thatthe allocation of $4,000 from the revenue sharing fund for construction subject to obtaining a contract with the Pioneer Volunteer Fire Department be approved. Supervisor Winston stated there had been a question of owner- ship on the building and land. They have document that the volunteer fire company can keep the building. There is a guarantee in process to avoid property taxes. It is a magnificant installation for the sum of money spent. Chairman Lemke stated if everything was added to what volunteers had contributed to the cost of fire protection to this area it would be a great surprise how much money they have saved the county over the years. man Lemke Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chair- Motion carried. Chairman Lemke staked there were three fire requests from the volunteer's. Stirling City Fire Department needs materials as the labor and property have been donated. The De Sabla Volunteer Fire Department needs material for a garage. They are trying to add to their department. They also need a fire truck and equipment. There was a motion by Chairman Lemke and seconded by Supervisor Winston that from the revenue sharing funds Stirling City Volunteer Fire Department receive $13,500; De Sabla Volunteer Fire Department receive $16,500 for materials and $40,000 for a fire truck and equipment. Chairman Lemke stated the group purchased a truck last year for $1. The request is for a fire truck and live support equipment. Station 53 would be hard put to fight any kind of fire without De Sabla in their service area. They handle 80 square miles, it is a large area. and afire hazard area. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chair- man Lemke Motion carried. There was a motion by Supervisor Winston to fund the Richvale request fora-pickup.. Motion withdrawn. Page 394. November 27, 1979 November 27, 1979 79- On a motion of Supervisor Moseley, seconded by Supervisor 3 Winston and unanimously carried, a pick up truck for the Richvale Volunteer Fire Department to be funded by the revenue sharing fund to be limited to $10,000~aas approved. Chairman Lemke stated the Gold Nugget Museum in Paradise was requesting $10,000 for public works improvements. Because of time restraints they are coming back again. He is president of the Gold Nugget Days Inc. he would not vote on this issue. On a motion of Supervisor Wheeler, seconded by Supervisor Winston and carried, that the Gold Nugget Museum in Paradise receive $10,000 from the revenue sharing funds for public works improvements. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler and Winston NOES: None ABSTAINING: Chairman Lemke Motion carried. On a motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the Palermo Community Center receive $6,400 from the revenue sharing funds fora paved driveway. There was a motion by Supervisor Wheeler, seconded by Chair- man Lemke that $45,000 be allocated from the revenue sharing fund for tourism and conventian activities. Chairman Lemke stated this is a one-time pilot. Supervisor Winston felt if they were given the money this year they would return each year. The bed tax money is to go into the general fund not to tourism. Chairman Lemke felt there was a considerable amount of taxes received through the hotel rooms especially in the Chico area and having raised the money through those people who do spend over night in Butte County he felt they should be allowed to use it for promoting tourism and conventions in Butte County. Supervisor Moseley stated she would be willing to vote at the end of the revenue sharing money., Chairman Lemke stated there would be funding losses due to Paradise incorporation. This item is to be held over to a later time. Clif Mickelson, administrative officer, stated item 12 regarding the automated fuel card system could be taken off as it has been previously approved. It has not been installed as of this date. There was a motion by Supervisor Moseley, seconded by Supervisor Wheeler that the Gridley Library be allocated $263,750 from the revenue sharing fund. Page 395. November 27, 1979 f 79- b' November 27, 1979 - WSupervisor Winston quesfioned if they could go down.the list before voting on any further motions. 7. Central Records Building - cut due to financial constraints. 8_ County Center signage - cut out of the list. 11. Weights and Measures Building - cut out of the list. 13. Construction inspection - this was approved last week. 17. Departmental equipment - taken care of in final budget. 18 & 19. Residence No. 4 and Miscellaneous demolition - these were combined and have been taken care of. 21. Pavement overlay - old hospital area - deferred. 22. Pavement overlay - Detox to County Center Drive - deferred. 23. Pavement overlay - County Center Drive - deferred. Mr. Mickelson stated they still have a problem that has not been resolved and that is a signal light at County Center Drive and Nelson Avenue. Outside agency re4uests 2. STRIVE (Paradise) - cut out of list. Chairman Lemke felt they had not used revenue sharing funds for management personnel before and capitol outlays should be put in staff funding. 4. Paradise pathways - wanted to look into this project. 5. Wyandotte Fire Station - not money available for this project. 6. Butte County Council of Senior Citizens - deferred. 7. Butte County Council of Senior Citizens - Taken care of. 8. Catalyst Women's Advocate - no action 9. Bangor Fire Station - taken care of. Chairman Lemke felt that since this list was prepared that infla- tion has gone up half of what these individuals need. 10. Biggs Memorial Ha11 - no action. 11. Gridley Drainage Study - no action. It was felt both the city and county would have to work together on this drainage problem. 13. Oroville Community Center - taken care of. 14. Stirling City Volunteer Fire Department - deferred. 16. Ridge Runner Square Dance Club - no action taken. Page 396. November 27, 1979 79- b November 27, 1979 18. Association for Mentally and Physically Handicapped, Tnc. - Previously taken care of. 19. thraugh 22. Chico and Gri~Ley Libraries - hold until later. 24. Feather River Senior Citizens - na action taken. 25. Richvale Foundation Board of Trustees - take-off list. 26. Richvale Airport - take off list. 27. Ri.chvale Volunteer Fire Department - taken care of. 28. city of Biggs - no action taken. The Gridley drainage study is to be taken off the list. Supervisor Winston questioned if they had to spend all of the money or if it could be carried over until next year. Jim Johansen, auditor, suggested they might want to consider delaying these decisions until they have a better projected report at the first of the year. There may be a potential deficit and they would want to change their priorities. Keep this in mind and delay the imple- menting of the funds until they have an assessment as far as next year is concerned. The amount held in reserve for Paradise has been taken out of the figures he presented to the Board. Regarding-the SB 325 funds it might be that it was prior to incorporation, if there is any challenge they could file suit. A determining factor is the population. RECESS: 2:17 p.m. RECONVENE: 2:33 p.m. Chairman Lemke stated there was a motion on the floor as to funding construction of the Gridiey Library. Supervisor Winston stated they could not afford to build the Gridley Library as much as he would like to see it built. Vote on the motion: AYES: Supervisor Moseley NOES: Supervisors Dolan, Wheeler, Winston and Chairman Lemke Motion fails. Supervisor Winston felt in light of the budgetary problem they should start listening to the Auditor and say the previous approvals for funding were tentative until the second week in January 1980. Chairman Lemke stated County Counsel had requested tbey have a motion for the items concerning funding. The outside agencies requests have contracts and have final approval. There could be a motion of intent for January 15, 1980 for approval for the contracts. Supervisor Winston felt it would depend on the advice of the Auditor. Next budget year the department heads would 'have to make the big cuts. He felt they should listen to Mr. Johansen. Mr. Johansen felt-they might be biding time until there was some Page 397. November 27, 1979 79- fi' 3.941 November 27, 1979 remedial legislation. He realized that these priorities were high and his only concern was the big projected aim when you have a priority. He was hopefull of having a projected fund balance. And of the projected revenue sharing money for next year. They would have to see how the second Jarvis initiative comes out. On a motion of Supervisor GTinston, seconded by Supervisor Moseley and unanimously carried, items totaling $168,400 be approved subject to review at the time this Board is submitted with an over view of projected revenu e' by mid-January. APPROVED APPOINTMENT TO PARADISE FIRE DISTRICT On motion of Chairman Lemke, seconded by Supervisor Moseley and unanimously carried, the appointment of Donna Gavagan as a member of Paradise Fire District was approved. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 2:43 p.m. to reconvene on Tuesday, Aecember 4, 1979 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the oard of Supervisors By -- -- Chairman, Board of Supervisors Page 398. November 27, 1979