HomeMy WebLinkAboutM011585January l5, 1985
Call to order -Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Mclnturf, McLaughlin, Wheeler and
Chairman Fulton.
Pledge of allegiance to the Flag of the United States of America.
Tnvocation - Supervisor Wheeler.
g5-18 Oath of Office for Supervisor McLaughlin. (OATH WAS ADMINISTEREA BY
COiTNTY CLERK ELEANOR BECKER.)
85-19 Comments by Supervisor McLaughlin. (SUPERVISOR McLAUGHLIN INTRODUCED
FAMILY AND GUESTS AND MADE COMMENTS.}
RECESS: 9:08 a.m.
RECONVENE: 9:19 a.m.
85-20 Additional items from Board members to be addressed at the end of the
(210) day.
1. Supervisor Dolan requested a discussion on the Sacramento River
Protection Project.
2. Supervisor Wheeler wished to discuss an appointment to the
Water Commission.
3. Supervisor Wheeler wanted the Board to consider membership in
the Sacramento Landowners Association.
4. Chairman Fulton requested clarification on the Water Commission.
Page 391
January 15, 1985
85-21 Items added to Consent Agenda, or removed for separate consideration:
(243) .
1. Communications, Item 'a': Chief Administrative Officer - forwards
status report concerning Surface Mining Aggregate Operations
Committee. (REMOVED.)
2. Mr. Nichols added the following item to the Consent Agenda:
Welfare.. Department - Consideration o~ response to bids far In-Home
Supportive Services - action requested - ITEM TO BE ON REGULAR
AGENDA FOR JANUARY 29, 1985.
85--22 Consent Agenda
(254)
1. .Approval of minutes. APPROVED MINUTES:OF JANUARY 8, 1985.
2. Budget transfers. APPROVED BUDGET TRANSFERS 8-119, B-I20, B-12i
B-122 AND B-123.
3. Board of Supervisors/Chico City Council public hearing on the
Nitrate Action Plan, Chico area. PUBLIC HEARING DATES SET FOR
JANUARY 31, 1985, AND FEBRUARY 21, 1965, AT 7:00 P.M. IN CHICO
CITY COUNCIL CHAMBERS.
4. Raoul J. Leclerc, attorney at law - on behalf of David Matthew Roberts,
appeals the Subdivision Violation Committee's denial of certificate
of compliance, AP 65-171-4&, property located on the south side of
Elmwood Drive approximately 300 feet west of Wood Drive, Paradise
Pines area. PUBLIC HEARING DATE SET FOR FEBRUARY 5, 1985, AT
10:45 A.M.
5. Barnhart-Brown & Associates - on behalf of Eugene Lahaie, appeal the
Advisory Agency's denial of tentative parcel map (proposed mitigated
negative declaration regarding environmental impact), AP 72-26-45,
three parcels, property located on the east side of Ponderosa Way
approximately 2,000 feet north of its intersection with Lumpkin Road,
Oroville area. PUBLIC HEARING DATE SET FOR FEBRUARY 12, 1985, AT
10:45 A.M.
6. Butte County Planning Commission - revision of the "R" zones.
PUBLIC HEARING DATE RESET FOR FEBRUARY 12, 1985, AT 10:30 A.M.
7, Appointments to Board of Appeals for Handicapped Facilities.
APPOINTED DAN COOK, STEVE HONEYCUTT, TOM EDGAR, ROSA BETTENCOURT
AND JERRY ROOT TO SERVE UNTIL JANUARY 18, 1987.
8. Appointments to the Mental Health Advisory Board. APPOINTED
JTM AUSTIN, MATT JACKSON, JUDY RICHMOND AND JEAN WOLD TO SERVE
UNTIL DECEMBER 31, 1987; AND HEATHER McCLOUD TO SERVE UNTIL
DECEMBER 31, 1986.
Page 392
January 15, 1985
85-22 9. Appointment to the Air Pollution Hearing Board. APPOINTED
(Cont'd) WENDELL LUNDBERG TO SERVE UNTIL JANUARY 18, 1988.
10. Wilcoxen.& Callahan, attorneys at law - on behalf of Ralph Tarrant,
Curt Devoe, Charles Devoe and the estate of Bonnie Tarrant, file a
$500,000 claim against Butte County alleging negligence which
resulted in the death of Bonnie Tarrant on or about October 17, 1984.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
11. Wilcoxen & Callahan, attorneys at law -~ on behalf of Ralph Tarrant,
Curt Devoe, Charles DeVae and the estate of Bonnie Tarrant, file a
$500,000 claim against Butte County Mental Health Department alleging
negligence which resulted in the death of Bonnie Tarrant on or about
October 17, 1984. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND
RISK MANAGEMENT COORDINATOR.
12. Wilcoxen & .Callahan, attorneys at law - on behalf of Ralph Tarrant,
Curt Devoe, Charles Devoe and the estate of Bonnie Tarrant, file a
$500,000 claim against Butte County Mental Health Services alleging
negligence which resulted in the death of Bonnie Tarrant on or about
October l7, 1984. REJECTED CLATM AND REFERRED TO COUNTY COUNSEL AND
RISK MANAGEMENT COORDINATOR.
13. Wilcoxen & Callahan, attorneys at law - on behalf of Ralph Tarrant,
Curt Devoe, Charles DeVae and the estate of Bonnie Tarrant, file a
$500,000 claim against E. W. Ely, M.D., alleging negligence which
resulted in the death of Bonnie Tarrant on or about October 17, 1984.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
14. Butte County Library donation - in accordance with Government Code
Section 25355, a donation of $400 has been made by the Beta Chapter
of Omega Nu for the purchase of science books at the Chico Branch
Library. ACCEPTED DONATION.
15. President's proposal for Revenue Sharing Program. AUTHORIZED
CHAIRMAN TO SEND A LETTER TO PRESIDENT REAGAN AND CALIFORNIA REPRE-
SENTATIVES TN OPPOSITION TO LOSS OF REVENUE SHARING FUNDS.
16. Resolution - in accordance with Revenue and Taxation Code Section
155.20 exempting from property tax all personal property with the value
sufficiently low that the cost of collection exceeds the proceeds.
ADOPTED RESOLUTION 85.02 AND AUTHORIZED THE CHAIRMAN TO SIGiV.
17. Renewal application for the 1985-86 Family Planning Contract.
AUTHORIZED THE COUNTY DIRECTOR OF PUBLIC HEALTH TO SUBMIT RENEWAL
APPLICATION FOR THE FAMILY PLANNING SERVICES CONTRACT FOR FUNDING
IN THE AMOUNT OF $45,000 FOR FISCAL YEAR 1985-86.
Page 393
January 15, 1985
85-22 18. Salary ordinance amendment - the amendment reclassifies several
(Cont'd) positions in the Employment and Training office and reflects the new
state-set salaries for Superior and Municipal Court Judges. WAIVED
THE FIRST READING OF THE ORDINANCE.
19. JTPA Youth Training Agreement - an agreement has been negotiated
with the Butte County Superintendent of Schools to train 30 JTPA,
eligible youth in specific job occupations. APPROVED AGREEMENT
AND AUTHORIZED THE DIRECTOR TO SIGN.
20. Auditor-Controller requests authorization to rehire former employee
a~ previously held salary rate. AUTHORIZED REHIRING AT THE FIFTH
STEP OF THE SENIOR ACCOUNT CLERK POSITION.
21. Final map - Keefer Oaks Subdivision, AP 47-23-91 (ptn), five lots
located between Keefer Road and Cahasset Road, approximately 1000
feet south of the intersection of Keefer Road and Cohasset Road.
All lots front on public roads and no additional improvements are
required. NOTED THAT THERE ARE NO TAXES OR SPECIAL ASSESSMENTS WHICH
ARE A LIEN BUT NOT YET DUE OR PAYABLE; APPROVED FINAL MAP; ACCEPTED
EASEMENTS AS GRANTED TN ITEMS {A) AND (B) OF THE OWNER'S CERTIFICATE
ON BEHALF OF THE PUBLIC.
22. Communications.
a. City of Chico William F. Derrick, transportation coordinator,
forwards FY 19$4-85 Short Range Transit Plan for the Chico Area
Transit System. REFERRED THE PLAN TO PUBLIC WORKS DIRECTOR FOR A
REPORT AND RECOMMENDATION.
b. California Department of Fish and Game -- Jack C. Parnell, director,
sends notification of intent to recommend Gray Lodge archery ar shotgun
either sex deer hunt. REFERRED TO BUTTE COUNTY FISH AND GAME
COMMISSION FOR A REPORT AND RECOMMENDATION.
23. Welfare Department - Consideration of response to bids for In--Home
Supportive Services.. DIRECTED PLACING ITEM ON REGULAR AGENDA FOR
JANUARY 29, 1985.
Motion: APPROVED CONSENT AGENDA, WITH DELECTION AND ADDITION.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 394
January 15, 1985
Regular Agenda
85-23 Communications: Chief Administrative Officer -forwards status report
.(281) concerning Surface Mining Aggregate Operations Committee.
Motion: ACCEPTED FOR INFORMATION.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-24 Award of mer~.t presentation to Wayne Hall, president of the Private
(299) Industry Council. (PRESENTATION MADE BY CHAIRMAN FULTON.)
85-25 Consideration of an EIR consultant for Board initiated General Plan amend-
(425) ments in south Chico and Durham-Dayton areas.
Motion: TABLED INDEFINITELY.
S M
Vote: 1 2 3 4 5
Motion amended: SET DATE FOR ITEM TO BE BROUGHT BACK FOR NOVEMBER 19, 19$5.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Vote on motion:
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-26 Public Works Director report on federal bridge replacement funds.
(985)
Motion: AUTHORIZED PUBLIC WORKS DIRECTOR TO PROCEED TO OBTAIN FUNDING
FOR BRIDGE CONSTRUCTION BUDGET, AND TO BEGIN NECESSARX PRELIMINARY
ENGINEERING ON THESE PROJECTS.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-27 Request tv attend National Association of Counties Conference
(1409) March 2 - 6, 1985, in Washington, D.C. (Supervisor Wheeler) (from 12/18/84).
Motion: AUTHORIZED TRIP AND NECESSARY FUNDS.
S M
Vote: l Y 2 Y 3 X 4 Y 5 Y (Unanimously carried)
Page 395
January 15, 1985
85-28 Consideratipn of Board appointments to various committees, boards and
{1700) commissipns {from 1/8/85).
Motion: RATIFIED CHAIRMAN FULTON'S APPOINTMIIVTS LISTED TN HIS
LETTER TO THE BOARD DATED .7'ANUARY 11, 1985, WITH THE
FOLLOWING CHANGES: DELETED SUPERVISOR McLAUGHLIN'S NAME
FROM MENTAL HEALTH ADVISORY BOARD; APPOINTED SUPERVISOR McLAUGHLIN
TO SUPERIOR CALIFORNIA WATER ASSOCIATION AS A DELEGATE AND
SUPERVISOR WHEELER AS THE ALTERNATE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: APPOINTED NANCY LUEDER TO THE AGRICULTURAL ADVISORY BOARD;
EUL B. CORK MARR TO THE LAND DEVELOPMENT STUDY COMMTSSTDN;
AND CARL P, WALTER TO THE PLANNING COMMISSION, FROM DISTRICT 1.
M S
Vote; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: REAPPOINTED PAUL PETERSON TO THE BUTTE COUNTY ECONOMIC
DEVELOPMENT CORPORATION, FROM DT5TRTCT 3.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: REAPPOINTED PHIL KELLY TO THE WATER COMMISSION, FROM DISTRICT 5.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS; 10:26 a.m,
RECONVENE: 10:44 a.m.
Public Hearings and Timed Items
85--29 Harold A. Deal - appeals the Planning Commission's denial of rezone from
(235].) M-1 (light industrial) to AR-MH (agricultural residential - mobile home),
AR-MH--2-1/2 AR-MH-3 and AR-MH-5 (agricultural residential -- mobile home
** 2-1/2, 3 or 5 acre minimums respectively) (proposed negative declaration
00 regarding environmental impact) for property located at the southeast
corner of Kusel Road and Lincoln Blvd., Oroville.
Page 396
January 15, 1985
$5-29 Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
(Cont'd) CONSIDERED IN MAKING THIS DECISION; FOUND THAT THE PROPOSED
REZONE DOES NOT COMPLY WITH THE BUTTE COUNTY GENERAL PLAN,
PAGES 50 AND 54; DENIED THE PROPOSED REZONE FROM M-1 TO AN
AR-MH ZONE ON AP 36-292--1, 23, 24, 25, 28-30, 51-54, b5-58,
70, 73, 75-80 (BUTTE COUNTY PLANNING COMMISSION - DEAL).
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-30 Barnhart-Brown & Associates - on behalf of Fred Kanna and Scott Olry,
(534) appeal the Planning Commission's denial of a rezone (proposed negative
declaration regarding environmental impact) from AR-1 (agricultural
residential - a-ie acre parcels) to A-R (agricultural - residential) for
property located on the southeast corner of Almquist Drive and Mt. Ida
Road, approximately 1500 feet east of La Mirada Avenue identified
as AP 36-06-125, 133 and 135, Oroville.
Motion: CONTINUED OPEN UNTIL FEBRUARY 5, 1985, AT 10:30 A.M.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-31 Recognition of persons wishing to speak:
(703)
1. C.C. Charity - requesting and investigation into the Lake Madrone
Water District.
2. Robert Pelfry - lack of response in child abuse cases.
3. Stephanie Wyatt - corruption in the county.
4. Hamilton Holt ~- lack of response to request for investigation of
Lake Madrone Water District.
5. Roger Hall - concerns regarding Lindo Channel.
6. Robert Pelfrey - requesting Board members to sign Sheriff recall
petition.
7. Glenn Miller - regarding questionable activities of water districts.
8. Frank Brazell - regarding Board changing decision of former Board.
9. Glen Miller - regarding a proposal for Board to have two meetings
per month.
Page 397
January 15, 1985
Regular Agenda
85-32 Report from Chief Administrative Officer on task force to consider lower
(1659} court reorganization.
Motion: AUTHORIZED CHIEF ADMINISTRATIVE OFFICER TO REQUEST NOMINATIONS
FROM THE GROUPS LISTED ON HIS LETTER OF JANUARY 11, 1985, AND
ALSO ALLOW OTHER INTERESTED PERSONS TO PLACE `T'HEIR NAMES IN
NOMINATION; DIRECTED CHIEF ADMINISTRATIVE OFFICER TO ALSO
WRITE TO THE CITY COUNCILS REQUESTING NOMINATIONS; DIRECTED
THAT NOMINATIONS BE RECEIVED BY FEBRUARY 21, 1985, AND
APPOINTMENT OF SEVEN OR MORE A4EMBERS TO BE. MADE.. ON
FEBRUARY 26, 1985.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 12:15 p.m.
RECONVENE: 1:45 p.m.
85-33 Report from Chief Administrative Officer on procedures to reconsider
(2452} Merlo General Plan Amendment and General Election on South Fork Development
(Supervisor Fulton).
Motion: I WOULD MOVE THAT WE WITHDRAW PLACING THE REFERENDUM ON THE
SOUTHFORK DEVELOPMENT PROJECT ON THE GENERAL BALLOT ELECTION
FOR 1985, AND MOVE THAT WE RESCIND ORDINANCE 2437 REZONING THE
PROPERTY AND THAT WE INTRODUCE AND WAIVE THE FIRST READING OF AN
ORDINANCE TO REPEAL ORDINANCE N0. 2447 REGARDING THE DEVELOPMENT
~** AGREEMENT AND THAT WE REQUEST THE PLANNING COMMISSION TO RE-
INSTITUTE HEARINGS TO CHANGE THE GENERAL PLAN DESIGNATION
FROM AGRICULTURAL RESIDENTIAL, TO ORCHARD AND FIELD CROP.
M
Vote: 1 2 3 4 S
(MOTION DIED FOR LAC~C OF A SECOND.)
Motion: WITHDREW PLACING THE REFERENDUM ON THE SQUTHFORIC DEVELOPMENT
PROJECT ON THE GENERAL ELECTION BALLOT FOR 1985; RESCINDED
ORDINANCE 2437 REZONING THE PROPERTY; DIRECTED
COUNSEL TO PREPARE AN ORDINANCE TO REPEAL ORDINANCE 2447 WHICH
APPROVED THE DEVELOPMENT AGREEMENT FOR SOUTHFORK DEVELOPMENT;
ANA REQUESTED PLANNING COMMT5Si0N TO REINSTITUTE HEARINGS
TO CHANGE THE GENERAL PLAN DESIGNATION FOR AGRICULTURAL-
RESIDENTIAL TO ORCHARD AND FIELD CROPS. FURTHER, RESCINDED
ORDINANCE 2450 REZONING THE MERLO PROPERTY FROM A-2 TO 5R-1
AND SR-20 AND REQUESTED PLANNING COMMISSION TO REINSTITUTE
HEARINGS TO CHANGE THE GENERAL, PLAN DESIGNATION FROM AGRICULTURAL
RESIDENTIAL TO ORCHARD AND FIELD CROP.
Page 398
January 15, 1985
S M
85-33 Vote: l Y 2 Y 3 N 4' NV 5 Y (Motion carried}
(Cont'd}
RECESS: 3:23 p.m.
RECONVENE: 3:40 p.m.
85-34 Report from Chief Administrative Officer on Sheriff's request for more
**** investigators for Child Protective Services cases.
0000
Motion: W AIVED FIRST READING OF ORDINANCE ADDING ONE SERGEANT
AND ONE DEPUTY POSITION TO THE SHERIFF'S DEPARTMENT
FOR CHILD ABUSE CASES.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hearings and Timed Items
85-35 Workshop - Nitrate Action Plan. (CONTINUED TO JANUARY 29, 1985.)
(120)
85-36 Additional items from Board members:
(236)
1. Supervisor Dolan had received notice that the Corps of Engineers
were moving ahead with the second phase of the Sacramento River bank
protection project, and that if any local entity wishes to
have a hearing on this project, it must be requested by
January 21, 1985.
Motion: DIRECTED A LETTER BE SENT TO THE CORPS REQUESTING A PUBLIC
MEETING IN BUTTE COUNTY OR, AS A SECOND OPTION. THAT THEY
APPEAR BEFORE THIS BOARD AND ALLOW PUBLIC INPUT.
M S
Vote: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Supervisor Wheeler requested that the Board consider membership
in the Sacramento Landowners Association. (TO BE CONSIDERED
DURING BUDGET SESSIONS.)
3. Supervisor Wheeler announced that she would be chairing the Water and
Ag meeting in February and would need a secretary to work with
her. She requested that administrative staff help this time and she
would bring back a proposal to appoint a secretary.
Page 399
January 15, 19$5
CLOSED SESSION: The Board recessed at. 4:05 p.m. for a closed session
on litigation, Chico vs. Butte County.
RECONVENE: The Board reconvened at 4:14 p.m. fallowing a closed session.
{NO ANNOUNCEMENTS.)
RECESS: There being nothing further before the Board at this time
the meeting was recessed until January 17, 1985, at 3:00 p.m.
at the Chico Municipal Center, Conference Room No. I.
*~~*~**~**~**~*~~*~*~***January 17, 1985*~~*~*~~~~***~**~**~~*~*~~*~**~
RECONVENE: The Board reconvened at 3:07 p.m., at Chico Municipal
Center, Conference Room Nc. 1,
Present: Supervisors Dolan, McInturf, McLaughlin and Chairman Fulton.
Absent: Supervisor Wheeler.
85-37 Joint meeting with the Intergovernmental Relations Committee to discuss
Nitrate Action Plan, Property Tax Split, School and Park Development Fees
and Status Reports. (DISCUSSIONS HELD, NO ACTION TAKEN.}
RECESS: The meeting was recessed at.5:32 p.m. until January l8, 1985,
at 10:30.a.m. in,the Board of Supervisors Room, Oroville.
~*~~*~~*~~*~*~~*~**~*~~***January 18, 1985*~**~*~**~~*~~*~**~**~*~*~~**
RECONVENE: The Board reconvened at 10:38 a.m., in Oroville.
PRESENT: SupervisorsIblan, Mclnturf, McLaughlin, Wheeler and Chairman Fulton.
85-38 CLOSED SESSION: The Board recessed at 10:39 a.m. for a closed session
on litigation - Jones vs. Brooks (jail litigation}.
RECONVENE: The Board reconvened at 11:58 a.m. following a closed
session. (NO ANNOUNCEMENTS MADE.)
RECESS,s:~:~The meeting was recessed at-11:5.9 a.m. to reconvene on January 28,
1985, far a continuation of the closed session on Jones vs. Brooks
litigation.
~~
~L `~(~ ~
Ch irman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
BY ~ lC~f r~~f~~A~,~,
Page 400
January 18, 1985