HomeMy WebLinkAboutM010687January ~ 1987
Caii to order - Board of Supervisors room, County Administration Build-
ing, 25 County Center Drive, Oroville. Present: Supervisors Dalan,
McInturf, Vercruse and Chairman McLaughlin. Martin J. Nichols, chief
administrative officer; Harvey Wallace, county counsel; and
Rubye Townsley, deputy clerk of the Board.
Absent: Supervisor Fulton.
Pledge of allegiance to the Flag of the United States of America.
s~-a1
(2~)
87-a2
{37)
87-a3
(125)
Comments by Chairman McLaughlin. (CHAIRMAN McLAUGHLTN WELCOMED NEW
SUPERVISOR KAREN VERCRUSE AND PRESENTED HER WITH A NAME PLATE.)
Election of new Board Chair.
Motion: NOMINATED JANE DOLAN FOR CHAIR OF THE 1987 BOARD
SUPERVISORS, AND CLOSED NOMINATIONS.
M S
Vote: l Y 2 Y 3 Y 4 5 AB {Motion carried)
Motion: ELECTED SUPERVISOR DOLAN AS CHAIR.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB tMotion carried)
Comments by Supervisors:
OF
a. New Chair. (CHAIR DOLAN PRESENTED A PLAQUE TO ED MCLAUGHLIN IN
APPRECIATION FOR CHAIRING THE BOARD THE PREVIOUS YEAR.)
b. Other members of the Board. (SUPERVISOR McLAUGHLIN COMMENTED ON
EVENTS OF THE PAST YEAR. GHATR DOLAN OUTLINED HER HOPES AND
E%PECTATTONS FOR THE COMING YEAR, AND THEN INFORMED THE BOARD AND
AUDIENCE OF THE NEW PROVISIONS OF THE BROWN ACT.)
Page T19
87-04 Election of new Board Vice-Chair.
(208)
Motion: ELECTED SUPERVISOR McINTURF AS VICE-CHAIR.
S M
Vote: 1 NV 2 Y 3 Y 4 Y 5 AB {Motion carried)
87-05 Item amended on the Consent Agenda;
(22$}
Biggs Women's Club _ writes concerning services provided to the Biggs
Library. {AMENDED TO REFLECT THAT ACTION REQUESTED IS TO REFER TO
LIBRARIAN FOR A RESPONSE AND A REPORT BACK TO THE BOARD.)
87-05 Consent Agenda
~27a}
1. Approval of minutes. APPROVED MINUTES OF DECEMBER 15, 3.986.
2. Budget transfer. APPROVED BUDGET TRANSFER B-59.
3. Appointment to Personnel Appeals Commission. APPOINTED
ROBERT GLUSMAN AS THE ALTERNATE LABOR REPRESENTATIVE TO SERVE
UNTIL DECEMBER 31, 19$8.
d. Appointments to Paradise Memorial Ha11 Committee. APPOINTED
LESLIE LYON, DELEGATE, AND ALBERT PLUMB, ALTERNATE, REPRESENTING
THE DISABLED AMERICAN VETERANS CHAPTER 105 TO A TERM EXPIRING
DECEMBER 31, 198'1.
5. Appointments to Gridley Memorial Hall Committee. APPOINTED
HERBERT PERKINS, AMERICAN LEGION POST 210; GEORGE H. ALCOCK,
ROTARY CLUB; RAY L. ROBERTS, NORTH VALLEY AND SENIOR DANCE GROUP;
TIM Y. TOKUNO, VFT~ POST 5731; AND SAM H. McKEY, VFGF POST 5731 FOR
TERMS TO EXPIRE DECEMBER 31, 1987.
6. Appointments to Biggs Memorial Hall Committee. APPOINTED
MARK J. WEBER, MEL BOEGEL, RAY VALVERDE, FRANK MATHOUSER,
CHARLES MOHOTQN, AND NORRIS ANDERSON FOR TERMS TO EXPIRE
DECEMBER 31, 1987.
7. Butte County Library donation - in accordance with Government
Code Section 25355 a donation of $200 has been received from
Maxine Connel for the purchase of books. ACCEPTED DQNATION AND
AUTHORIZED LETTER OF APPRECIATION.
Page 120
~anUary 6, 19$7
87-06 8. Centerville Estates subdivision - the developer has provided a
(Cont'd) cash deposit to guarantee the construction of improvements on the
seven-lot subdivision, AP 11-34-115 and 124, property located an
both sides of Centerville Road approximately 3,200 feet north of
Center Gap Road. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS
GRANTED IN ITEMS 1 AND 2 OF THE OWNER'S CERTIFICATE ON BEHALF OF
THE PUBLIC; AND AUTHORIZED THE CHAIRMAN TO SIGN THE SUBDIVISION
AGREEMENT.
9. Stephen O. Trackman, attorney at law - on behalf of The Hartford
Insurance Company, files an application to present late claim in
the matter entitled Clifford Pressler v. City of Oroville, et al,
resulting from an accident occurring on or about March 21, 1985.
REJECTED APPLICATION TO PRESENT LATE CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
10. Otto J. Frymyer - submits a claim in the amount of $100,500 as a
result of injuries and damages sustained between December 9 and
December 15, 1986 while incarcerated in the Butte County Jail.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL ANA RISK MANAGEMENT.
11. James Farnsworth - on behalf of Alpha Gamma Rho, files a claim for
indemnity in the Civil Action No. 921d2, Traci Hussar vs.
Daniel Emery, Gary Finsler, Alpha Gamma Rho, State of California,
County of Butte, et al. REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
12. Superior Court tables -the court requests authorization to
acquire two counsel tables in the newly remodeled Department d at
a cost of $300 each. AUTHORIZED PURCHASE OF FIXED ASSET ITEMS.
13. Payment of time expired warrant - George R. Medina - request has
been made for payment of a time expired warrant issued on
April 2d, 1983 in the amount of $255.51 for a refund of secured
taxes. AUTHORIZED PAYMENT OF TIME EXPIRED WARRANT.
14. Contract Change Orders 3, 4 and 5 - Oroville- Chico Highway Bridge
at Butte Creek, Bridge Reglacememt Project No. BRSOS-407{18) -
Contract Change Order Na. 3, in the decreasing amount of
$8,081,65, provides for decreasing quantities indicated as final
pay quantities in the contract as a result of raising the abutment
footings two feet; Contract Change Order No. 4, in the decreasing
amount of $16,000, provides for eliminating the seal course
concrete at the pier footings; and Contract Change Order No. 5, at
no cost to the county or state, provides for State TV Cable to
install a two-inch conduit in the new bridge and approaches.
APPROVED CONTRACT CHANGE ORDERS AND AUTHORIZED THE CHAIRMAN TO
SIGN.
Page 121
January b, 1987
87-06 15. Salary ordinance amendment - the ordinance provides for cost--af--
{Cont'd) ~ living adjustments to appointed and elected department heads as
granted MCS Unit employees. WAIVED THE SECOND READING AND ADOPTED
ORDINANCE 2573.
16. Resolution setting office hours far the Chico, Gridley and
Oroville Agricultural Commissioner District Offices. ADOPTED
RESOLUTION 87-01 AND AUTHORIZED THE CHAIRMAN TO SIGN.
17. Unemployment insurance administration agreement - a renewal agree-
ment with GAB {formerly Reed Roberts) for unemployment insurance
cost control, has been negotiated by County Personnel
Administrator's Association of California {CPAC) with a decrease
in rate from $1.26 to $1.19 per employee per year. APPROVED THE
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
18. Family Service Association contract - the contract, in the amount
of 516,846, covers patients rights advocacy services for the
Mental Health Department covering the period January 1, 1987
through June 30, 19$7. APPROVED AGREEMENT AND AUTHORIZED THE
CHAIRMAN TO SIGN.
19. Yictor Residential Center, Inc. contract amendment - the amendment
covers 24-hour residential care Mental Health Department services
covering the period July 1, 1986 to June 30, 1987. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
20. Employment Service Agreement - an agreement has been prepared with
Phyllis B. Helligas to serve as temporary personnel manager for
the County of Butte. APPROVED THE AGREEMENT AND AUTHORIZED THE
CHIEF ADMINISTRATIVE OFFICER TO SIGN.
23.. Personnel Rules amendment - an amendment to the voluntary demo-
tion rule {Section 9.2.10 of the Personnel Rules) has been nego-
tiated with employee representatives and resolves an advancement
date equity issue for employees who are promoted and subsequently
voluntarily demote. ADOPTED RESOLUTION 87--02 AMENDING SECTION 12-
1.0 OF THE PERSONNEL RULES AND AUTHORIZED THE CHAIRMAN TO SIGN.
22. Communications.
a. Lester B. Parker, Anchorage - writes requesting the status of
the Lean Townsend estate which is handled by the Public
Administrator's Office. REFERRED TO CHIEF ADMINISTRATIVE
OFFICER AND PUBLIC ADMINISTRATOR FOR RESPONSE.
b. Allen R. itennedy. Chico - writes requesting the status of
County Service Area No. 87. REFERRED TO CHIEF ADMINISTRATIVE
OFFICER FOR RESPONSE.
Page 122
January b, 1987
f,~
is
i
87-05 22. Communications. LContinued?
(Copt"d)
c. Biggs ~Tomea's Club - writes concerning services provided to
the Biggs Library. REFERRED TO LIBRARIAN FOR RESPONSE AND A
REPORT BACK TO THE BOARD.
d. Chico Unified School District -Robin G. Thompson, business
manager/comptroller, writes forwarding information on the
"School Fee Facilities Plan" and a five-year capital
improvement program. ACCEPTED FOR INFORMATION,
Motion: APFROVED CONSENT AGENDA.
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Vote: l Y 2 Y 3 Y 4 Y 5 AB ~MOtion carried)
Regular- Acrenda
87-47 Consideration of Board meeting dates and procedures. (Supervisor Dolan?
(276)
Motion: TO INITIATE THE PROPER LEGAL COURSE OF ACTION TO HOLD REGULAR
MEETINGS OF THE BUTTE COUNTY BOARD OF SUPERVISORS ON THE
FIRST FOUR TUESDAYS OF EACH MONTH, EXCEPTING THOSE TUESDAYS
IMMEDIATELY FOLLOWING OR OCCURRING ON A LEGALLY RECOGNIZED
COUNfiY HOLIDAY. ADDITIONALLY-EACH MEMBER OF THE BOARD SHOULD
BE EXCUSED ON REQUEST FOR UP T4 FOUR MEETINGS PER YEAR FOR
REASONS OF VACATION OR PERSONAL NECESSITY.
M
Vote: 1 2 3 4 5
(MOTION DIED FOR LACK OF A SECOND.)
Motion: ADOPTED MEETING DATES AND PROCEDURES AS OUTLINED TN
COMMUNICATION FROM SUPERVISOR DOLAN DATED DECEMBER 34, 1986,
EXCEPT THAT IN JANUARY THE BOARD WILL MEET JANUARY 24, RATHER
THAN JANUARY 13.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 AB (Motion carried?
87--08 Additional items:
(7~)
1. Announcements were made that the following appointments would be
confirmed at the meeting of January 20, 1987: reappoint
Nina Lambert to Planning Commission; Steve Casey to Water Commis-
sion; Vito Quatraro to Fish and Game Commission, District 2;
Allan Forbes to the Planning Commission; Gerda Lydon to Fish and
Game Commission; Rick Cinquini to Water Commission, District 3;
Hugh Santos to EDC and Overall EDC Program, District 4; and Board
committee appointments.
Page 123 January 6, 198 7
87--08 2. Discussion was held regarding making emergency findings under the
{Cont'd) new Brown Act provisions.
Motion: BECAUSE THE BOARD HAD NOT BEEN ADVISED THAT A QUORUM OF
PLANNING COMMISSION MEMBERS WOULD NOT BE PRESENT AT THE
JANUARY 14TH MEETING, MOVED TO ALLOW THOSE APPOINTMENTS TO BE
MADE TODAY.
S M
Vote: 1N 2Y 3Y 4Y 5AB
{MOTION FAILED. FOUR/FIFTHS VOTE REQUIRED.}
87-09 Consideration of ordinance adding Article V to Chapter 15 of the Butte
{1267) County Code relative to smoking in public places.
Motion: SET HEARING DATE FOR JANUARY 27, 1987 AT 9:00 A.M. TO
CONSIDER THE ADOPTION OF A ORDINANCE REGARDING SMOKING IN
PUBLIC PLACES.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 AB {Motion carried}
87-10 Report from Planning Commission on code amendment to the "U" zone
(1421) language {File 86-47}. (from 11/18/86)
Motion: ADOPTED ORDINANCE 2574 ADOPTING THE RECOMMENDATIONS OF THE
PLANNING COMMISSION THAT "ANY PROPOSED LAND DIVISION OF 20
ACRES 4R LESS MUST FIRST APPLY FOR AND OBTAIN SPECIAL ZONING
CONSISTENT WITH THE GENERAL PLAN AND APPLICABLE AREA OR
SPECIFIC FLAN."
M S
Vote: 1 Y 2 Y 3 Y 4Y 5 AB {Motion carried}
87-1i Report from Water Commission forwarding findings and recommendations
(1558) concerning the county's State Water Project Entitlement.
Motion: REQUESTED A JOINT MEETING WITH THE WATER COMMISSION
JANUARY 27, 1987, RIGHT AFTER LUNCH.
M S
Vote: I R 2 Y 3 Y 4 Y 5 AB {Motion carried}
87-12 Consideration of request from Martha L. Danenhauer requesting use of
the term "Feather River Country." {Supervisor McInturf}
Motion: REFERRED TO ECONOMIC DEVELOPMENT COMMITTEE OF THE BOARD 4F
SUPERVISORS.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 AB {Motion carried}
Page 124
January 6, 1987
87-13 1. Supervisors Association of California committee membership and
selection of CSAC director for 1987.
2. Selection of director to the Sacramento-Mother Lode Regional
Association of County Supervisors.
Motion. SELECTED SUPERVISOR VERCRUSE AS DIRECTOR TD SUPERVISORS ASSO-
CIATION OF CALIFORNIA, AND SUPERVISOR McINTURF AS ALTERNATE;
SELECTED SUPERVISOR McINTURF AS DIRECTOR TO THE SACRAMENTO-
MOTHER LODE REGIONAL ASSOCIATION OF COUNTY SUPERVISORS, AND
SUPERVISOR VERCRUSE AS ALTERNATE.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
87-14 Appointments to Air Pollution Control Hearing Board. (CONTINUED TO
(2008) JANUARY 20, 1987 AND REQUESTED MORE INFORMATION REGARDING TAE MAKEUP
AND CATEGORIES OF THE BOARD.)
87-15 Appointment to Gridley-Biggs Cemetery District Board of Trustees.
(z0~}
Motion: APPOINTED LARRY HAMMON.
S M
Vote: 1 2 3 4 5 AB (Motion carried)
87-16 Appointments to Industrial Development Authority - District 3 and 4.
(2061) (from 12/2/86) {CONTINUED TO JANUARY 20, 1987.}
87-17 Recognition of persons wishing to speak:
1. Bob Linscheid, Chico Chamber of Commerce, invited the Board to
participate in a "State of the County" forum. {TO BE PLACED ON
AGENDA FOR JANUARY 20 FOR FORMAL ACCEFTANCE.}
Public Hearings and Timed Items
87-1H Clased session. The Board recessed at 10:20 a.m. for a closed session
on meet and confer; potential litigation regarding the
Equity lawsuit and Measure E lawsuit; actual litiga-
tion regarding City of Ghico (Southeast RDA Bonds,
Downtown RDA and North Valley Plaza Mall.}
Reconvene: fihe Board reconvened at 11:12 a.m. (NO
ANNOUNCEMENTS.}
87-19 Renaming of private road - a resolution has been prepared for the
(2315) renaming of a private road in the Oroville area from Sugarplum Lane
(Simpson Ranch Raad to end} to Leaf Lane as requested by residents in
the area.
Page 125
January 6, 1987
87-19 Motion: ADOPTED RESOLUTION 87-03 RENAMING PRIVATE ROAD.
{Cont'd)
S M
Vate: l Y 2 Y 3 Y 4 Y 5 AB {Motion carried)
87-20 Continued hearing - NorthStar Engineering - on behalf of
(2370) Rabert Skillen, appeals the Advisory Agency's denial of tentative sub-
division map {praposed mitigated negative declaration regarding enviro-
'~` nmental impact), AP 40-05-69 and 40-11-69, 18 lots! property located on
~ the south side of Mesa Road, 1,200 feet southwesterly of Oroville-Chita
Highway, Durham area, (from 11/4/86? {SET FOR HEARING ON JANUARY 27,
1587 AT 10:00 A.M. TIME CONSTRAINTS WAIVED BY APPELLANT.)
87-21 Jeff and Laura Gruendemann - appeal of the Planning Commission's denial
{847) of a use permit (proposed negative declaration regarding environmental
impact) to allow a day care center and three dwelling units on a parcel
zoned U (unclassified). property located on the south side of East 5th
Avenue between Palm Avenue and Spruce Avenue, identified as AP 45-11--2-~
23, Chita.
Motion: FOUND THAfi THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED AND ADOPTED A NEGATIVE DECLAMATION. ACCEPTED
STAFF RECOMMENDATIONS "A" THROUGH "C"; APPROVED THE USE
PERMIT WITH CONDITIONS 1 THROUGH 7, WITH THE STIPULATION THAT
THE PLOT PLAN BE ADOPTED AS SUBMITTED AND REVISED, DELETING
APPROVAL OF THE THREE-UNIT TRIPLEX.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 AB {Motion carried)
Recess: 12:30 p.m.
Reconvene: 1:40 p.m.
87-22 Recognition of persons wishing to speak. {PRESENTATIONS WILL BE
(1939) LIMITED TO FIVE MINUTES.)
1. Carl Walter - presented a resolution from the Planning Commission
to Karen Vercruse in appreciation for service to the Commission.
2. James Hansen -- alleged dumping of toxic wastes by Louisiana
Pacific.
3. Orrin B. Stratton - newspaper article regarding registering with
clerk of the Board before being allowed to speak at meetings;
and water pollution problems in Chico.
87-23 Soper-Wheeler
(2$42) environmental
preserve - 160
one--half miles
four miles sou
Falls.
rezone {item determined to be categorically exempt from
review) from U {unclassified) to TFZ-160 (timber
acre parcels) for property located approximately one and
northwest of the Lost Creek Reservoir Dam, approximately
th of Feather Falls, identified as AP 73-08-06, Feather
Page 126
January b, 1987
87-23 Motion: FOUND THAT THE PROJECT TS CATEGORICALLY EXEMPT FROM
{Cont'd) ENVIRONMENTAL REVIEW; FOUND THAT THE PROJECT TS CONSISTENT
WITH THE POLICIES GENERAL PLAN; ADOPTED ORDINANCE 2575 BONING
TO TPZ-150 THAT PROPERTY LOCATED APPROXIMATELY ONE AND ONE-
HALF MILES NORTHWEST OF THE LOST CREEi{ RESERVOIR DAM,
IDENTIFIED AS AP 73-08-05, SOPER-WHEELER COMPANY.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 AB {Motion carried}
Closed Session: The Board recessed at 2:05 far a closed session on the
matters previously announced, along with the Paulsen
litigation and Hobbs potential litigation.
Reconvene: The Board reconvened at 2:47 p.m. {NO ANNOUNCEMENTS}
{SUFERVISOR McLAUHGLIN ABSENT AT THIS TIME.}
87-24 John C. Gabriella. - on behalf of Dan Hays, appeals the Advisory
(2958) Agency's denial of Plateau Park Industrial Subdivision map (proposed
negative declaration regarding environmental impact}, 19 parcels,
AP 40-13-22, property located at the northeast corner of the
000 intersection of Highway 99 and Du rham-Pentz Road, Pentz area.
Motion: DENIED THE APPEAL.
M S
Vote: 1 Y 2 Y 3 Y 4 AB 5 AB (Motion carried)
Closed Session: The Board recessed at 3:02 p.m. for a closed session
on the matters previously announced and the Myers
lawsuit.
Reconvene: The Board reconvened at 4:24 p.m. {NO ANNOUNCEMENTS.}
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 4:24 p.m. to
reconvene at 9:00 a.m. on Janu y 20, 1987.
CH Board of Supervisors
ATTEST: MARTIN J. NTCHOLS
Chief Administrative Offs. rand
Clerk of the Board of Supervis
By•
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January 6, 79$ 7