HomeMy WebLinkAboutM010885January 8, 1985
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, McInturf, Wheeler and Vice Chairman
Fulton.
Absent: Supervisor McLaughlin.
Pledge of allegiance to the Flag of the United- States of America.
Invocation -- Supervisor Wheeler.
85-01 Qath of Office. (OATH WAS ADMINISTERED BY COUNTY CLERK ELEANOR BECKER
TO SUPERVISOR FULTON AND McINTURF AND COUNTY ASSESSOR LARRY LEACH.
COMMENTS WERE MADE BY SUPERVISOR McINTURF. INTRODUCTIONS OF GUESTS
WERE MADE BY SUPERVISOR McINTURF, MR. LEACH, AND VICE CHAIRMAN FULTON.)
85-02 Election of Board Chairman.
(451)
Motion: NOMINATED LEN FULTON AS CHAIRMAN.
S M
Vote: 1 Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
85-03 Election of Vice Chairman.
Motion: NOMINATED ED McLAUGHLIN AS VICE CHAIRMAN.
M S
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
85-04 (INTRODUCTIONS OF DEPARTMENT HEADS WERE MADE SY CHAIRMAN FULTON.
COMMENTS WERE MADE BY CHAIRMAN FULTON AND SUPERVISORS DOLAN AND WkiEELER.)
RECESS: 9:30 a.m.
RECONVENE: 10:00 a.m.
Page 380
January 8, 1985
85-05 Additional items from Board members to be discussed at the end of the day:
(851}
1. Supervisor Mclnturf indicated that an appointment needed to be
made to the Hazardous Waste Committee of the Northern C-a~ifarnia
Supervisors Association
2. Supervisor Dolan requested a Certificate of Appreciation be
prepared far Jess Gillum for service on the-Fish and Game
Commission.
3. Supervisor Dolan advised the Board that all Board appointments
to the Economic Development Board had expired.
Motion: APPROVED CERTIFICATE OF APPRECIATION FOR JESS GILLUM.
M S
Vote: l Y 2 Y 3 Y 4 AB 5.Y (Motion carried}
4. Supervisor Wheeler wanted to discuss an issue relating to property
owners along East Avenue.
85-06 Items removed from the Consent Agenda far separate discussion.
(948)
1. Approval of minutes.
2. Law Office of David P, Mastagni - on behalf of Butte County Law
Enforcement Officers' Association, files a claim in the amount
of $150,000, (ITEM AMENDED ONLY TO INCLUDE REFERRAL TO EMPLOYEE
RELATIONS OFFICER.)
3. Work Training Center Vocational Rehabilitation Services Agreement.
(ITEM AMENDED ONLY TO CORRECT .GOVERNMENT CODE SECTION.}
4. Communications Item "F": The U.S, Army Corps of Engineers
forwards public notice requesting comments.:, by January 21, 1985,
concerning the application of Energy Growth Group and Energy Growth
Partnership for the placement of fill material in Butte Creek for
the construction of a hydroelectric power project (dam structure
and powerhouse).
85-07 Consent Agenda
1. Budget transfers, APPROVED BUDGET TRANSFERS B-106, B-113, 8-114
and B-116.
Page 381
January 8, 1985
85W07 2. Barnhart-Brown Associates -'on behalf of Jack Lawson, appeal the
(Cant'd) Advisory Agency's denial of tentative parcel map and boundary
line modification (proposed mitigated negative declaration
regarding environmental impact), AP 71-09-09 and 10, two parcels,
for property located on both sides of Kramer Road approximately
1000 feet south of Simmons Road east of Oroville-Quincy Highway,
north of Bidwell Bar Suspension Bridge, Oroville area. PUBLIC
HEARING DATE SET FOR JANUARY 29, 1985, AT 10:00 A.M.
3. Joan Johnson - proposed negative declaration and rezone from R-1
{single family residential) to R-2 (duplex residential) on property
located on the west side of Lower. Wyandotte Road, approximately
177 feet south of Las Plumas Avenue, identified as AP 36-66-15,
Oroville. PUBLIC HEARING DATE SET FOR FEBRUARY 5, 1985, AT 10:00 A.M.
4. Daniel and Barbara Grigsby - proposed negative declaration and
rezone from A-40 (agricultural - 40 acre parcels) to A-10 {agricultural -
10 acre parcels) located on the west side of Meridian Road, approxi-
mately 2.1 miles north from Highway 99 in north Chico, identified
as AP 47-10-40, Chico. PUBLIC HEARING DATE SET FOR FEBRUARY 5, 1985,
AT 10:15 A,M,
5. Board of Supervisors - proposed negative declaration and rezone
from 5-R {suburban residential) to SR-1 {suburban residential -
1 acre parcels) on property located in the Diamond, Stanley and
Marion Avenues area, Chico. PUBLIC HEARING DATE SET FOR
FEBRUARY 12, 1985, AT 10:15 A.M.
6. Butte County Planning Commission - revision of the "R" zones.
PUBLIC HEARING DATE SET FOR FEBRUARY 19, 1985, AT 10:15 A,M.
7. Penalty abatement requests -change of ownership reports. APPROVED
THE FOLLOWING PENALTY ABATEMENT REQUESTS: KATHLEEN L, SINGLETARY,
AP 042-11-3-004-0; BRADLEY V. LEEN, AP 012-16-0-009-0, AP 069-28-
0-031-0, AP 035-46-0-021-0, 0-067-0 AND 0-068-0; DAVID SCHMITZ,
AP 040-34-0-027-0: KENNETH D'AREZZO, AP 063-O1-0W070-0, 0-071-0,
AND D-074-0; AMERICAN SAVINGS & LOAN ASSOCIATION, AP 046-04-4-024-0;
BILLY J. RITTER & LORETTA M. EPPERSON, AP 021-26-0-015-0,
FRANK L. TATUM, AP 027-29-0-021-0; YUKIMIDSU MORISAWA, AP 048-41-0-
047-0, THE VELA INSTITUTE, AP 030-22-D-012-0, AP 012-14-1-004-0,
AP 012-14-2-005-0; SHARON L,C, MELINE, AP 040-04-0-051-0; MR, AND
MRS, MICHAEL DAVIS, AP 072-D8-0-D31-0; MR. & MRS. GEORGE CAYSSIALS,
AP 052-05-0-036-0; PITAMBER RATANJEE, AP 007-27-0-020-0; MR. & MRS.
OSCAR T. BONNER, AP 001-17W2-009-0, MR. AND MRS. PRESTON K, MINTO,
AP 047-17-0-032-0; DONIPHAN K. BARYON, AP 048-26-1-008-0; GORDON RISE,
AP 055-38-0-004-0; DONALD J. MYERS, AP 055-20-2-021-0; ADALENE E.
GARNER, AP 043-01-0-062-0; JOHN W. JONESr JR, AP 062-SO-0-013-0.
DENIED THE FOLLOWING: MR. & MRS. JAMES QUACKENBUSH, AP 003-03-2-
010-0 AND MICHAEL R. WATTS, AP 042-46-0,011-0,
Page 382
January 8, 1985
85-07 8. Conveyance of Development Rights and Open Area Easement for
(Cont'd) Robert Stout to comply with condition of approval on use permit
on AP 24-15-2 and 65. AUTHORIZED CHAIRMAN TO SIGN CONVEYANCE OF
DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT.
9. Butte County Library donation --in accordance with Government Code
Section 25355, donations have been-made as follows: Winston and
Elizabeth Hill, $100; Dr. Jay Gibson, $1,000 for the purchase of
memorial books; and Joe King, microfiche reader valued at over
$100. ACCEPTED DONATIONS.
10. Notice of Completion -- Phase I Butte County Minimum Security/Work
Furlough Detention Facility - all site development work for the new
detention facility has been completed in accordance with the plans
and specifications. ACCEPTED PROJECT AND AUTHORIZED FILING OF
NOTICE OF COMPLETION.
11. Appointment to Oroville Mosquito Abatement District. APPOINTED
RODNEY MIMS AND RUSSELL JONES FOR TWO-YEAR TERMS EXPIRING
DECEMBER 31, 198b.
12. Appointment to Oroville Cemetery District. APPOINTED DR. WILLIAM DOBIS
TO SERVE UNTIL JANUARY 1, 1989.
13. District 1 Supervisor appointments. APPOINTED REVEREND CARL FOWLER
TO COMMUNITY ACTION AGENCY; JIM MOLL, BUTTE COUNTY ECONgMIC DEVELOP-
MENT CORPORATION; IRVING PAHL, FISH AND GAME COMMISSION; AND
BILL PETERSEN, WATER COMMISSION.
14. Dissolution of Board-appointed committee. .DISSOLVED COMMITTEE TO
REVIEW FEASIBILITY OF HEALTH SERVICES AGENCY.
15. Certification pf cancellation fees for Land. Conservation Act -
D.C. and Anne C. Engdol (formerly in the name of Anne C. Casey) -~
recertify cancellation values and fees. CERTIFIED VALUE AT
$289,937 AND RECERTIFIED CANCELLATION FEES IN THE AMOUNT OF $35,241.
16. Juvenile Hall daily rate parental charge. APPROVED RATE IN THE
AMOUNT OF $6.3b AND DIRECTED THAT ADDITIONAL SPECIFIC MEDICAL
OR DENTAL COSTS NOT RECOVERABLE BY ANY OTHER MEANS BE TMPOSEb ON
PARENTS OF MINORS PLACED IN JUVENILE HALL IN ACCORDANCE WITH WELFARE
AND INSTITUTIONS CODE SECTION 903.
17. Ordinance setting compensation for trial jurors at $10.00 as
required by state law. WAIVED SECOND READING AND ADOPTED
ORDINANCE-2451.
Page 383
January 8, 1985
85-07 18. Law Office of David P. Mastagni - on behalf of Butte County Law
Enforcement Officers' Association, files a claim in the amount of
$150,000 as a result of alleged work restrictions occurring
January 2, 1982, and December 2.6, 1984. REFERRED TO COUNTY COUNSEL,
RISK MANAGEMENT COORDINATOR AND EMPLOYEE RELATIONS OFFICER FOR REPORT
AND RECOMMENDATION.
19. Dane A. Cameron, attorney at law - on behalf of Karen Westbrook,
as parent of Nicki WestbrooK and Leslie Westbrook, and on her own
behalf, files a claim in the total amount of $1,100,000 as a result
of alleged in~uraes and damages as a result of foster home placement
of minor children. REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR FOR REPORT AND RECOMMENDATION.
20. Charles D: Nelson, Biggs, files a claim in the amount of $20,000
as a result of alleged injuries occurring on September 18, 1984,
while incarcerated in the Butte County Jail. REJECTED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISIf MANAGEMENT COORDINATOR.
21. John C. Schroder, Jr., attorney at law - on behalf of
Foster Eugene Carr, files a claim in the amount of $500,000
as a result of alleged damages sustained during an arrest on or
about September 16, 1984, in Oroville. REJECTED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
22. Larry Harding Dickason, Chico,.- files a claim in the amount of
$1,000,000 as a result of alleged damages occurring between the
period of February 27 through September 20, 1984, as a result of
an arrest, incarceration and prosecution. REJECTED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RTSIf MANAGEMENT COORDINATOR.
23. Robert L. Mezzetti, attorney at law - on behalf of Commonwealth Land
Title Insurance Company, Patricia L. Chapalla and Nellie Chapalla,
files a claim in the amount of $25,763 as a result of alleged
damages sustained on December 18, 1984, concerning the Crouch Ditch
in the Chico area. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL
AND RISTC MANAGEMENT COORDINATOR.
24. California Water Service ~rells in the Chaco area - a letter has
been prepared supporting the availability of °Superfunds" for
treatment systems in the Chico urban area. APPROVED LETTER AND
AUTHORIZED THE CHAIRMAN TO SIGN.
25. Western Canal Water District - declaration of formation - a
resolution has been prepared declaring the results of the formation
election for Western Canal Water District and establishing the
district. ADOPTED RESOLUTION 85-O1, AUTHORIZED THE CHAIRMAN TO
SIGN AND DIRECTED THE CLERK OF THE BOARD TO RECORD A CERTIFIED
COPY OF THE ORDER WITH THE RECORDER IN BOTH BUTTE AND GLENN
COUNTIES.
Page 384
January 8, 1985
85-07 26. Community Action Agency lease modification - a contract modification
(Cont'd) has been prepared between the Community Action Agency of Butte
County and John G. Glover and Gwendolyn R. Glover wherein the CAA
waives its option to renew the lease of property at 5910 Clark Road
in Paradise, in consideration of certain monetary awards. ACCEPTED
LEASE AMENDMENT AND AUTHORIZED THE EXECUTIVE DIRECTOR OF CAA TO
SIGN.
27. Work Training Centex Vocational Rehabilitation Services Agreement --
a renewal agreement has been prepared with Work Training Center
in the amount of $44,363 covering the period July 1, 1984, through
June 30, 1985, to provide janitorial services and routine landscaping
services at the Chico Mental Health Facility. APPROVED FINDING,
PURSUANT. TO GOVERNMENT CODE SECTION 31000, THAT THE COUNTY'S
.INTERESTS ARE SERVED SY CONTRACTING FOR JANITORIAL SERVICES AT THE
CHICO MENTAL HEALTH FACILITY; APPROVED AGREEMENT WITH WORK TRAINING
CENTER AND AUTHORIZED THE CHAIRMAN TO SIGN.
28. Child Protective Services Counseling Agreements - contracts have
been prepared with the fallowing vendors to provide necessary
services and protection for children at risk, with each in an amount
not to exceed $9,950 covering the period October 1, 1983, through
June 30, 1984: Alfred French, sutte Counseling Clinic, Frank Leek,
Michael Nitchko, Louis Nuernburger, Kent Caruso, Betty Janiak and
Jim Voss. APPROVED AGREEMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
29..:. Child Protective Services Counseling Agreements -- contracts havE
been prepared with the following vendors to provide necessary services
and protection for children at risk, with each in an amount not
to exceed $9,950 covering period July 1, 1984, through June 30, 1985:
Lea Clasen, Suzanne Henrion, Wilfred French, Heather McCloud,
Janice Gagerman, Frank Leek, Michael Hitchko, Louis Nuernburger,
Betty Janiak, Randy Haapanen, Anne Giel, Jim Voss, Al Kay and Butte
Counseling Clinic. APPROVED AGREEMENTS AND.AUTHORIZED THE CHAIRMAN
TO SIGN.
30. Board of Supervisors/Grand Jury Audit Reports - Coopers & Lybrand
have completed the following audits and Report to Management for
the fiscal year ending June 30, 1984: Combined Financial Statements,
Revenue Sharing compliance letter, BCAG Local Transportation Trust
Fund (SB 325), BCAG State Transit Assistance Trust Fund (SE3 b20},
Butte County Nontransit Fund, and Butte County Transit Fund.
ACCEPTED REPORTS; DIRECTED CHIEF ADMINISTRATIVE OFFICER TD DETAIN
DEPARTMENTAL COMMENTS AS NECESSARY ON THE REPORT TD MANAGEMENT;
DIRECTED FORWARDING OF BCAG AUDIT REPORTS TO THE ORGANIZATION; AND
DIRECTED FORWARDING OF REVENUE SHARING COMPLIANCE LETTER TO THE
FEDERAL AND STATE GOVERNMENTS.
Page 385
January 8, 1985
85-D7 gl; Communications.
(Cont`d)
a. Jerry L. Williams, attorney at law -~ on behalf of Mr, and Mrs.
Larry Stack, writes regarding the abandonment of Wyandotte Creek
Road. ACCEPTED FOR INFORMATION ONLY AS APPLICANTS ARE PURSUING
SEPARATE ABANDONMENT PROCEDURES.
b. Gity of Chico - Mayor Ory writes concerning clarification of
the city's understanding of the "Interim Interim" Butte County/
City of Chico Nitrate Action Plan for the Chico area, REFERRED
TO CHTCO ISSUES COMMITTEE.
c. Butte County Association of Cities - the association writes
requesting participation in a task force to review court consolidation.
REFERRED. TO CHIEF ADMINIS'T'RATIVE OFFICER FOR A REPORT AND RECOMMENDATION.
d. Butte County Association of Cities - the organization writes
regarding the proposal to change lot standards in the unincorporated
portion of the county and suggests joint meetings. AUTHORIZED LETTER
INFORMING CITIES OF THE BOARD'S SCHEDULED PUBLIC HEARING DATE OF
FEBRUARY 19, 1985.
e. Butte County Farm Bureau _ the farm bureau submits its
reaffirmation supporting the Greenline west and south of Chico
and advises the Board on its position concerning withdrawal of
land from Williamson Act contracts. ACCEPTED FOR INFORMATION.
Motion: APPROVED CONSENT AGENDA.
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Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried}
Regular Agenda
85-08 Approval of minutes. (SUPERVISOR DOLAN ADVISED THAT MINUTE ORDER
84-1007 OF THE DECEMBER 18, 19$4, SHOULD SE AMENDED TO REFLECT
THAT DISTRICT 2 SUPERVISOR VOTED 'YES' AND DISTRICT 3 SUPERVISOR
WAS ASSEN'T'. )
Motion: AFPROVE MINUTES OF DECEMBER 1$, 1984, AS AMENDED.
M S
Vote: 1 NV 2 Y 3 Y 4 AB 5 Y (Motion carried)
Page 386
January 8, 1985
85-09 The U.S. Army Corps of Engineers - forwards public notice requesting
comments by January 21, 1985, concerning the application of Energy
Growth Group and Energy Growth Partnership for the placement of fill
material in .Butte Creek for the construction of a hydroelectric power
project (dam structure and powerhouse). (REFERRED TO COUNTY COUNSEL
FOR RESPONSE TO THE CORPS OF ENGINEERS.)
85-10 Report from Planning Director on the Gerald Lugenbeel verification of
(1055) the disposition of the variance on AP 39-18-31. (REPORT RECEIVED.
NO ACTION TAKEN.)
85-11 Cliff Johnsen - on behalf of Joe and Eileen Camenzind, files a late
(1158) appeal of Condition No. 2 (verify legal access) on tentative parcel map,
AP 40-02-136, four parcels, property located approximately 2800 feet
east of the intersection of Midway and Mary Bill Ranch Road on the
south side of Mary Bill Ranch Road, Chico area. (REFERRED TO COUNTY
COUNSEL TO MEET WITH DISTRICT 4 SUPERVISOR TO DISCUSS NECESSARY
FINDINGS.)
85-12 Discussion of amendment to Butte County Code Section 15-85 regarding
(1248) differences between county and City of Chico cardroom ordinances
{Supervisor Wheeler) (from 12/18/84). {REMOVED FROM AGENDA UNTIL
BROUGHT BACK BY SUPERVISOR WHEELER.)
85-13 Report from Chief Administrative Officer on Nitrate Action Plan.
(1310)
Motion: POSTPONED FIRST HEARING SCHEDULED FOR JANUARY 17, 1985,
UNTIL JANUARY 31, 1985, AT 7:D0 P.M.; AUTHORIZED CHIEF
ADMINISTRATIVE OFFICER TO WORK WITH CITY OF CHICO TO
SCHEDULE SECOND MEETING FOR FEBRUARY I4th, OR SOME OTHER
MUTUALLY CONVENIENT TIME.
M S
Vote: l Y Z Y 3 Y 4 AB 5 Y (Nation carried)
Motion: MADE MOTION OF INTE~7T TO PROCEED COOPERATIVELY WITH THE
STORM DRAINAGE AND SANITARY SEWER MASTER PLAN FOR THE.CHICO
URBAN AREA; FOUND THAT MORE TIME TS NEEDED FOR OWN PROCESSES
IN ORDER TO DETERMINE ALL THE ISSUES.
S M
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
(WORKSHOP ON THE SEWER,AND BOUNDARIES ISSUE TO BE LISTED ON THE AGENDA
FOR JANUARY 15, 1985, AT 11:15 A.M. MEETING OF JANUARY 15, 1985, WILL
BE ADJOURNED TO RECONVENE AT CHTCO ON JANUARY 17, 19$5, AT 3:00 P.M.
FOR A JOINT MEETING WITH THE INTERGOVERNMEN'T'AL RELATIONS COMMITTEE.)
Page 387
January 8, 1985
85_14 Consideration of Board appointments to various committees, board
(3Q'79} and commissions.
Motion: REAPPOINTED ALAN AVIS TO PLANNING COMMISSION.
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Vote: 1 Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
Motion: REAPPOINTED JOE NTCHOLS TO BUTTE COUNTY ECONOMIC DEVELOPMENT
CORPORATION.
M S
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
Motion: REAPPOINTED MAGGTE BARRON TO THE BUTTE COUNTY ECONOMIC DEVELOPMII~]T
CORPORATION.
S M
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion Carried)
(ITEM CONTINUED TO JANUARY I5, 1985.)
85--15 Additional items from Board members:
~*
pp 1. Appointment to Hazardous Waste Committee (Supervisor Mclnturf}.
Motion: APPOINTED HACK McINTURF TO HAZARDOUS WASTE COMMITTEE, NORTHERN
CAL2FORNIA ~SU.PERVISOR~3 'tASSOCTATTON.
S M
Vote: 1 NV 2 Y 3 Y 4 AB 5 Y (Motion carried)
2. Supervisor Wheeler had received a letter from Mr. Bucklin and
other property owners along East Avenue. Several property owners
were present and presented their concerns regarding traffic and
present zoning. The Planning Director advised the matter would
be before the Planning Commission the 24th. (NO ACTION TAKEN.)
3. Chairman Fulton requested a report from the Chief Administrative
Officer on the impacts to various departments if the Board met
twice a month rather than wee[cly. (REPORT TO BE FORTHCOMING
JANUARY 29TH.)
RECESS: 11:20 A.M.
RECONVENE: 11:32 A.M.
Page 388
January S, 1985
85-15 4. Chairman Fulton requested a status report on the Mining Committee.
(Cont'd} (REPORT TO SE ON JANUARY 15, 1985, AGENDA.}
Public Hearings and Timed Items
85-16 Recognition of persons wishing to speak:
(645}
1. Orrin B. Stratton - regarding drinking water contamination.
2. Flo O'Patrny - thanking county for its assistance in the Honeyrun
Covered Bridge project.
3. C. C. Charity - concerning Edan Canyon and Lake Madrone Water District.
4. Flo O"Patrny - commenting that people who choose to live in isolated
areas should not expect Sheriff's services at all times.
S. Robert Pelfry -- regarding the District Attorney's failure to
prosecute in a child abuse; case.
~** 6. Glen Miller - concerning legal action against a supervisor.
000
7. Andy Gerber - regarding the Sheriff's Department.
8. Hamilton Holt - concerning Lake Madrone Water District.
9. Frank Brazen - various comments regarding planning problems in
the Chico area, nitrates problem, and. that the Board should
vote to fulfill the wishes of the majority of the people.,
10. Glen Miller - announcement that Melvin Belli would be moving into
this area.
85-17 Additional items from Board members:
(821}
1. Supervisor Tn7heeler received a letter appealing the Advisory Agency's
denial of .boundary line modification on Donald Mangus Property,
AP 46-26-168.
Motion: Fi3BLTC HF~IRING DATE SET FOR JANUARY 29, 1985, AT 10:45 A.M.
S M
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried}
Page 389
January 8, 1985
ADJOURNMENT:. There being nothing further before the Board at this time
the meeting was adjourned at x.2:58 p.m.
W"~ Vt/1/
Charman, Board of Supervisors
ATTES'T`
MARTTN J. NIC~iOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
Deputy ~T
Page 390
January 8, 2985