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HomeMy WebLinkAboutM120280~~ ,. _,~ _... - -~. December 2, 1980 STATB OF CALIFORNIA ) SS. COUNTY OF BUTTE ) $0_ The Board of Supervisors met at 9:00 a.m. pursuant to ad3ournment. y Present: Supervisors Dolan, Moseley, Wheeler and Winston. Clif Nickelson, administrative officer, by Mike Pyeatt, assistant administrative officer; Dan Blackstock; county counsel; and Clark A. Nelson; county clerk, by Cathy Pitts, assistant clerk to the Board. Absent: Chairman Lemke Pledge of Allegiance to the Flag of the United States of America. Invocation by Supervisor Moseley 1871 APPROVAL OF MINUTES On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the minutes of November 18, 1980 and November 20, 1980 were approved as mailed with the previous corrections as set out in the minutes of November 25, 1980. 1872 AUTHORIZE FILLING OF PART-TIME PHARMACIST POSITION FOR DEPARTMENT OF PUBLIC. HEALTH AT THE "A" STEE On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the filling of the part-time pharmacist position at the "D" '. step of range 25.5, $12,38 per hour for the Public Health Department was authorized. 1873 AUTHORIZE CETA DIRECTOR TO NEGOTIATE AND SIGN SUBGRANTS FOR CETA CLASSROOM 1874 AWARD BID - REROOFING OF CHICO MEMORIAL HALL AND OROVILLE JUSTICE COURT BUILDINGS On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the bid for the reroofing of the Chico Memorial Hall and Oroville Justice Court buildings in the amount of $18,400 with the amount 'thin the budgetary appropriation was awarded to Permatite Roofing of uba City. 1875 AUTHORIZE DELETION OF BOOKCASE FILES AND ADDITION OF STX-SHELF UTILITY FILES FOR WELFARE DEPARTMENT On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, deletion of ten bookcase files from the approved equipment in the Welfare Department budget and the addition of five six-shelf utility files with file supports with no change in budgetary appropriation was 1876 PROVE HCD CONSULTANT SERVICES AGREEMENT FOR BURSANK SCHOOL SITE AND LOCATION OF EL MEDTO DITCH It was moved by Supervisor Wheeler that the agreement with onnerly & Associates for consultant services regarding development of he Burbank School site and relocation of the E1 Medio ditch in the amount f $2,381.25 and the appropriation of that amount be authorized and he Chairman authorized to sign the contract. Motion dies for lack of a second. TRAINING AGREEMENTS On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the CETA Director was authorized to negotiate and sign subgrants for conducting of classroom training in clerical skills, agricultural skills and licensed vocational nursing training for CETA Title ITB participants. Page 424. December 2, 1980 80- a December 2, 1980 Supervisor Winston stated that on September 23, 1980 the Board sked the Administrative Office to get together with Mr. Connerly and the ~oard felt that some obligation to Connerly and Associates because he :ad gone on the hook with his personal services to apply for the grant for he county. The Board asked that the Administrative Office staff get together with Mr. Connerly and discuss the contractual obligation and •econcile any difference. The only comment he has had is a telephone call 'rom Mr, Connerly, nothing from county staff. The Board did receive a Demo on the HCD consultant contract.. He did not like to think that staff .gnoxed the request of the Board to enter into negotiations and going about their business and noti.keeping the Board advised. He resented this. Ir. Connerly has done a good job for the county. He felt Mr. Connerly leserved better treatment. He felt the Board recognized this and felt :hat staff should do better than the memo that was dated November 12, 1980 relative to going to bid. The invoice being processed today has taken lore than two months to come to the Board. He has heard nothing from ;toff relative to the instructions from the Board to get together with ir. Connerly. He felt that if staff ignored the wishes of the elected ~ffficials it was a pretty sad state. Gerald bluely, deputy administrative officer, stated that staff as not ignoring the Board. They have met three times to negotiate with r. Connerly. When their office went to HUD to clear the audit they were advised there was a procurement procedure for contracts in excess of $10,000. he county has to follow the guidelines set down by HUD relative to these types of contracts. Their office provided the Board with this information. Supervisor Winston stated that November 12, 1980 was almost two nths. He felt the Board should be kept posted. There was a unanimous ote of the Board in September and there was the appearance that nothing as being done. Mr. Lively spoke regarding the invoice item that is being considered. They were not sure of the appropriations for this contract, Mr. Connerly nderstood this fact. On motion of Supervisor Winston, seconded by Supervisor Wheeler nd carried, the agreement with Connerly & Associates for consultant ervices regarding development of the Burbank School site and relocation f the E1 Medio ditch for HCD was approved; the Chairman authorized to ign and an appropriation of $2,381.25 was authorized. 1877 On motion of Supervisor Wheeler, seconded by Supervisor Dolan carried, the strategy for increasing the choice of housing opportunities low and moderate income persons and others and called the housing rtunities strategy was adopted. 1878 PROVE NORTH PARK SUBDIVISION PHASE TI UNIT I FTNAL MAP On motion of Supervisor Whston, seconded by Supervisor Wheeler nd carried, the North Park Subdivision Phase II, Unit T final subdivision p, _27 lotie9-AP 44-40-09 and AP 44-47-69, property located on the west ide of Godman Avenue at Waterford Drive, Chico was approved; grant-in-fee fight-of-way for Waterford Drive, Grand Teton Way and Rocky Mountain Way were ccepted; easements granted for light and air were accepted; easement for ublic utility purposes (including water, sewer, drainage, electric, gas nd communications facilities} were accepted; crossing of the one-foot trip on the end of Waterford Drive authorized; and the Chairman authorized o sign the subdivision agreement. Page 425. December 2, 1980 December 2, 1980 80-1879 CLOSED HEARING - JOSEPH BRAUER AND YORK AND BURNETT BOURGEOIS - APPEAL OF 'v ADVTSORX AGENCX'S CONDITIONS 8 & 9 ON TENTATIVE PARCEL MAP, AP 55-37-33, 34,AND 36, 14 LOTS, PROPERTY LOCATED ON THE SOUTH SIDE OF WAYLAND ROAD, WEST OF FOSTER ROAD, PARADISE AREA The closed public hearing on Joseph Brauer and York and Burnett Bourgeois appeal of Advisory Agency's conditions 8 and 9 on tentative parcel map, AP 55-37-33, 34 and 36, 14 lots, property located on the south side of Wayland Road, west of Foster Road, Paradise area was held as continued. John Mendonsa, public works, stated they received a letter from the applicant withdrawing their applications. The Board wanted some further information. The applicant wanted to drop their project. No action taken. 1880 ADOPT ORDINANCE 2168: WAIVE SECOND READING OF ORDINANCE ESTABLISHING SPEED LIMITS ON FLORAL AVENUE (FROM EAST AVENUE TO THE NORTH END), CERES AVENUE (FROM EAST AVENUE TO THE NORTH END), AND NORTH AVENUE (FROM EAST AVENUE TO THE NORTH END) On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the second reading of the ordinance establishing the speed limit for 25 miles per hour on Floral Avenue (from East Avenue to the north end), Ceres Avenue (from East Avenue to the north end), and North Avenue (from East Avenue to the north end) was waived; Ordinance 2168 was adopted and the Chairman authorized to sign. 1881 ADOPT RESOLUTION 80-255 AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN PROPERTX OF GLEN R. AND MARIAN H. DTLLEY - SACRAMENTO AVENUE ASSESSMENT DISTRICT On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, Resolution 80-255 authorizing acquisition of real property by eminent domain necessary for the construction of a storm drain for Sacramento Avenue Assessment District involving the Glen R. and Marian H. Dilley property was adopted and the Chairman authorized to sign. lgg2 APPROVE CANVASS AND CERTIFICATION OF VOTES FOR THE NOVEMBER 4, 1980 GENERAL ELECTION On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, the following canvass and certification of votes for the November 4, 1980 General Election was approved: STATE OF CALIFORNIA } ) SS COUNTY OF BUTTE } I, Clark A. Nelson, County Clerk-Recorder of said County, do hereby tify that, in pursuance of Sections 17088, 17089, 17090 and 17111 of Elections Code o£ the State of California, I did canvass the returns the votes cast in the First and Third Assembly Districts in said County, the General Election held on November 4, 1980. for elective public offices for and against each::~measure submitted to the vote of the voters. That whole number of votes cast in said Assembly Districts in said County the whole number of votes cast for each candidate and for and against h measure in said Assembly Districts and said County in each of the pective precincts therein, and that the totals of the respective columns the totals as shown for each candidate and for and against each measure full, true and correct. WITNESS my hand and the Official Seal of my office this 26th day of November 1980 (seal} Page 426. December 2, 1980 80- a' December 2, 1980 r _ - CLARK A. NELSON, COUNTY CLERK-RECORDER By /s/ Eleanor M. Becker Eleanor M. Becker Assistant Registrar of Voters 1883 1884 1885 1886 COMMUNICATIONS Steven E. Lonis, Chico. Mr. Lonis writes appealing the Planning Commission's denial of a use permit to allow a second mobile home on property zoned "TM-5" (timber mountain - 5 acre parcels), AP 56-10-34, property located on the west side of Cohasset Road, approximately 1/4 mile north of Cohasset Church, Cohasset area (categorically exempt from environmental review). Set for hearing .Ianuary 6, 1981 at 10:15 a.m. Cohasset Community Association, Inc. The association writes concerning the conduct of Planning Commission proceedings relating to the Steven E. Lonis use permit. Referred to Supervisor Wheeler for a report back. Clinton Baccala, Vina. Mr. Baccala writes requesting a refund of fees with regard to the tentative parcel map on AP 47-20-22, property located in the Meridian-Munjar area north of Chico. See motion following communications. Association for Retarded Citizens Butte County, Tnc. The organization writes requesting the Board reconsider the food and nutrition project that was proposed by the Community Action Agency on November 18, 1980. Handled on November 25, 1980; information; no action taken. Butte County Cleaners, Oroville. The organization writes forwarding information with regard to the food and nutrition project that was presented to the Board on November 18, 1980. Discussed; no action taken. City of Chico. The City Manager forwards information concerning a meeting held c~rith other city representatives in discussing extended county services by the county. Information; discussed; no action taken. U.S. Department of Labor. The department forwards its assessment of the fourth quarter/full year performance of Butte County's CETA Program. Information; no action taken. AUTHORIZE REFUND OF FEES RE: CLINTON BACCALA TENTATIVE PARCEL MAP ON AP 47-20-22, PROPERTY LOCATED I_N THE MERIDIAN-MUNJAR AREA NORTH OF CHICO On motion of Supervisor Winston, seconded by Supervisor Dolan and carried, refund of fees for Clinton Baccala for tentative parcel map on AP 47-20-22 property located in the Meridian-Munjar area north of Chico as requested in his letter was authorized. AUTHORIZE LETTER OF ENDORSEMENT OF CONCEPT OF HEALTH CENTER IN THE BERRY CREEK AREA On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, a letter of endorsement of the concept of a health center in the Berry Creek area was authorized and the Chairman authorized to sign, ADDITIONAL MATTER PRESENTED BX SUPERVISOR WHEELER Supervisor Wheeler stated that she had been approached by several people county-wide indicated an interest in forming a housing task farce Page 427, DecemT~er 2, 1980 December 2, 1480 80- $. 1887 to work with staff and the Planning Commissioners on the current housing element on assessing the needs and costs of housing and what the futuxe projected needs are. She will bring back a proposal to the Board on this matter. Supervisor Dolan stated that the Board has appointed a Housing Element Committee. The Board might want to add or expand this committee or give direction. Supervisor Wheeler stated this would be an actual study on the projected growth and the costs as far as low income, moderate income and so forth. She felt that CHIP, the Housing Autority and the lay people in that type of industry should be involved. She hoped to bring the matter back next week. REPORT BY COUNSEL ON MEETING WITH BCEA RELATIVE TO CHANGES IN THE CHILD PROTECTTVE SERVICES SECTION OF THE WELFARE DEPARTMENT Dan Blackstock, county counsel, reported on the meeting held with representatives of BCEA relative to the Child Protective Services Unit. This meeting referred to the change by the Welfare Birector being available to take care of the children who become problems. This is a very critical activity, one if not handled with great dispatch could cause problems. The employees' representative advised him that no matter what the county does the coverage will be there. The workers realize the significance of handling the matters. Originally the Welfare Director wanted to go with two-hour standby pay and then pay the overtime rate. The Personnel Rules do not completely cover the standby pay. There is no provision for the Child Protective Services Unit to receive standby pay. A grievance was filed by a number of the people in the•CPS unit. £he Personnel Commission acted on the grievance and the Board received a letter. An additional grievance was filed. After various discussion between the Welfare Director and Personnel Director, the Welfare Director felt in view of the fact he had no authority to pay standby time, he would have to comply with the Personnel Rules. At the present time, the employees have been advised the normal rules would apply and to keep track of the time spent and if it is over 40 hours they would be compensated under the overtime rules. He recommended that the Board give Mr. Rackerby instructions relative to negotiation during executive session. The Board would normally give instructions for Personnel Director to negotiate with BCEA. There are several things to consider. The Board would be opening up an aspect of the contract. He felt they should only be talking about this one unit. There have been no official meet and confer sessions up to this point. Bob Potter, representative of BCEA, spoke regarding the matter at this time. He presented a copy of the Welfare Birector's memo relative to the callback standards. He also presented extracts from the Personnel Rules dealing with overtime. Prior to November 26, 1980 the CPS unit was required to carry beepers and received two-hour compensation. The Welfare Director has recalled that requirement. The effected workers will be authorized to work overtime. While the worker is available, they are considered authorized to work overtime. This is still a standby procedure and the workers are performing a useful service. He asked that the Board adopt an interim resolution until the meet and confer is completed that will allow some type of compensation. The people carrying the beepers are not able to enter certain buildings due to the construction of the building and the transmission capabilities. Supervisor Winston stated he had never seen deputies or doctors carry beepers check out a building before entering one. He realized Page 428. December 2, 1980 December 2, 1980 80- b' this was correct. He felt the purpose of the beeper was so that someone who carried a beeper would get-the information necessary. Mr. Potter stated only one person was required to carry the beeper. The problem arose because it seemed there was a problem with the availability of the worker. One person is appointed to be on-call for each week. Since one person is required to carry a beeper and are scheduled to perform work for a one-week period, they ware receiving two hours of payment for this prior to November 22, 1980. This was the reason for the requested interim measures. Supervisor Winston felt that until he had an opportunity to discuss the matter with the Welfare and Personnel Directors, he was not prepared to make any move to adopt an interim measure. He felt the matter would be reconciled quickly. CHAIRMAN LEMKE PRESENT AT THIS TIME EXECUTIVE SESSION: The Board recessed at 9:42 a.m. to fiold an executive session regarding meet and confer. ' RECONVENE: The Board reconvened at 10:24 a.m. following an executive session regarding meet and confer. The Personnel Director was instructed to open negotiations and meet and confer on the matter of standby. In the interim, those policies detailed by the Welfare Director in his memo will apply. The Board will not enter into additional rules while in the negotiation stance. 1888 AMEND RESOLUTION 80-253 TO REFLECT A PUBLIC HEARING DATE OF JANUARY 6, 1981 INSTEAD OF DECEMBER 16, 1980 FOR CONSIDERATION OF DISSOLUTION OF COUNTY SERVICE AREA 53'(UPPER RIDGE FIRE) On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, Resolution 80-253 was amended to reflect a public hearing date of January 6, 1981 at 10:00 a.m. instead of December 16, 1980 at 10:00 a.m. for consideration of dissolution of County Service Area 53 (Upper Ridge Fire). RECESS: 10:24 a.m. RECONVENE: 11:06 a.m. SUPERVISOR WINSTON ABSENT AT THIS TIME lgg9 ADOPT RESOLUTION 80-256 ESTABLISHING A FAMILY CONCILIATION COURT AND SETTING A FEE OF $15.00 Gilbert Jones, Butte County Bar Association, spoke in favor of the Family Conciliation Court. The Bar Association passed a motion encouraging that he come before the Board to present information relative to this matter. The plan as proposed has been in effect in Butte County for about 18 months on a voluntary basis. Professional people have acted on a voluntary basis. Through passage of time Family Services Association have continued to give free service. This has created a financial situation for that organization. This court would involve family custody matters. Families are required to contact mediators. The facts presented to the mediator are not given during'the-{court session. Seventy one percent of the people have resolved matters at this level. This means these matters do not get to Superior Court. There would be a savings in time and money for the court personnel if the conciliation court were established. If the people are unsuccessful in resolving their difference through a mediator, they are referred to the Welfare Department CPS Unit. There is a formal report made tq,the court at this point. This information age 429. December 2; 1980 80- a December 2, 1980 .is made available to the court. He estimated that there had been a successful rate of fifty percent at this level. ' Mr. Jones stated. that the county has been paying for a portion of this program through the Welfare Department in the amount of $53,000. There could be an additional $15.00 filing fee that would create an additional estimated $15,000. This would make a total of $63,000 for the program that has a projected cost of from $35,000 to $36,000. He felt the program could be conducted on a financially sound basis. He felt the people using the services should have some input. The one area difficult in figuring but that has an impact is the emotional stability of the parties involved. This program would be dealing with children and parents. If there would be a cut of from 71 to 85 percent going to court, there would be elimination of the bitterness and strife at the beginning and would be much better for all concerned. Many of these people are people looking for jobs and due to the emotional stability are unable to work and many end up on the welfare rolls. He felt people would be back in the work market earlier. The children are taken out of a strife situation. He does 100 of these cases a year. It does cost money in many and varied ways. He did not have the figures on how many cases would involve the filing fee in the county. He estimated there would have had to have been a minimum of 500 cases resolved with this volunteer program in both levels. He felt the County Clerk could give the Board information relative to the number of cases involved with the filing fee. Supervisor Wheeler asked that the figures be presented. Bob Crisan, welfare director, stated his office receives referrals only after the mediator is unable to resolve the problem. He has one employee handling these cases. The case load is about ten per month. Most are resolved during the investigation or interviews. There are only about eighteen percent that have been finalized. SB 961 describes the staffing and qualifications of each staff member. TTie position would be open to the entire county. The services they have been providing are not Title XX services. These services are charges against the county. It was a service provided by the Probation Department prior to 1979. This program used all county funds. They provided the entire services with one staff member and having to charge the county for their overhead, which is higher than most departments in the county. This court would fie an independent group supervised by the Family Judge, who is assigned by the three Judges of the Superior Court. Housing for the staff for this program would be available in the Probation Department. They will be able to furnish part-time clerical assistance in typing. Mr. Crisan stated that the present costs for the voluntary program in wages and benefits for one individual totals $23,000 plus overhead at 87 percent. The cost to the county is $39,000 for the one employee. His office also used a backup individual when there was a need. They also used clerical staff which cost has not been charged to the program. Under SB 916 there is no opportunity for his office to continue the program. He felt this was a fantastic program. He felt the best way for the program to be handled would be as a separate program. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, Resolution 80-256 establishing the Family Conciliation Court based on the outline provided to the Board earlier in the form of a memo and establishing a $15.00 filing fee for said court was adopted and the Chairman authorized to sign. Page 430. December 2, 1980 December 2, 1980 80- AD.TOURNMENT b' There being nothing further before the Board at this time, the meeting was adjourned at 11:27 a.m. to reconvene on Tuesday, December 9, 1980 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK:' RECORDER and ex-officio Clerk of the Board of Supervisors rman, Board of Supervisors By Page 431. December 2, 1980