HomeMy WebLinkAboutM012286Jan_ nary 22, X986
Cali to order - Board of Supervisors Room, County Administration Building,
25 County Center Drive, Oroviile. Present: Supervisors Dolan, Fulton,
McInturf, Wheeler and Chairman McLaughlin; Martin J. Nichols, chief
administrative officer; Harvey Wallace, deputy county counsel; and
Cathy Pitts, assistant clerk to the Board.
Pledge of allegiance to the Flag of the United States of America.
$6-35 Additional item presented by Chief Administrative Officer:
1. Mr. Nichols read the the Addendum to Grand Jury Report dated
January 6, 7985 relative to child abuse investigations.
CLOSED SESSION; The Board recessed at 9:08 a.m. to hold a closed session
regarding two possible personnel matters and litigation
relating to Crowder v. County of Butte
RECONVENE: The Board reconvened at 1T:14 a.m. following a closed session
regarding personnel and litigation. (COUNTY COUNSEL REPORTED
THAT THE BOARD HAD HELD A CLOSED SESSION REGARDING CROWDER V.
COUNTY OF BUTTE, ANDERSON V. COUNTY OF BUTTE, AND TWO PERSONNEL
MATTERS. NO ANNOUNCEMENTS AT THIS TIME.)
Consent Agenda (97}
86-36 1. Approval of minutes. APPROVE MINUTES OF JANUARY 7, 1986.
2. Harold and Shirley Stepp - appeal of the Planning Commission's denial
of rezone (proposed negative declaration regarding environmental
impact) from TM-5 (timber mountain - five acre parcels) to TM-i
(timber mountain - one acre parcels} for property located at the
northeast corner of Nope1 Drive and Cody Lane, 1/4 mile south of
Highway 32, identified as AP 63-09-77, Forest Ranch. SET HEARING
DATE FOR FEBRUARY 19, 1986 AT 10:30 A.M.
Page 262.
January 22, 1986
January 22, 1986
3. Bill Warshawer - appeal of the Planning Commission's denial of rezone
(proposed mitigated negative declaration regarding environmental
impact} from U {unclassified} to FR-3 (foothill recreational - three
acre parcels) for property zoned ll and S-H (scenic highway) for
property located along Mt. Ratchet Road, south of Highway 162
approximately one mile northwest of the Canyon Creek Bridge,
identified as AP 71-08-133, 134, 135 and 137, north of Oroville.
SET HEARING DATE FOR FEBRUARY 19, 1986 AT 11:00 A.M.
4. Ron Graves and Associates - on behalf of Robert Banes, appeal of
the Planning Commission's denial of an appeal of the requirement
far an EIR for Land Leveling and Heavy Equipment Rental, Inc. use
permit to allow a 97-unit recreational vehicle park including campers,
motor homes, and camper trailers an property zoned U (unclassified)
property located at the southwest corner of Wilbur Road and Oro-Dam
Boulevard (Highway 162) identified as AP 30-26-51, Oroville. SET
HEARTNG DATE FOR FEBRUARY 19, 1986 AT 11:30 A.M.
5. .Report from Chief Administrative Officer on the rescheduling of
public hearings set for February 4, 1986. APPROVE RECOMMENDED COURSE
OF ACTION AND AUTHORIZE NOTIFICATION OF APPLICANTS.
6. Catherine Anne Cominos - files a claim in the amount of $150,000
as a result of alleged injuries and damages sustained on or about
September 22, 1985 while incarcerated in the Butte County Jail.
DENY CLAIM.
7. Appointment to Water Commission. REAPPOINT RICK CINQUINT AS THE
DISTRICT 3 REPRESENTATIVE TO SERVE UNTIL JANUARY 7, 1988.
8. New telephone system - the Purchasing Officer has submitted the
results of an evaluation for a new telephone system in Butte County.
REFER TO GOVERNMENT OPERATIONS COMMITTEE FOR REPORT AND
RECOMMENDATION.
9. Assessor's Office property system - a report has been prepared by
Data Processing personnel to provide an-line inquiry for the Assessor
for his property system. Necessary is the acquisition of two disk
drives, $2800, and other associated one-time and on-going costs.
The Assessor proposes to cover the costs within existing
appropriations. AUTHORIZE ACQUISITION OF FIXED ASSETS.
i0. Status of investments - the Treasurer submits the December 1985
report in accordance with AB 1073 and the county's investment policy.
ACCEPT FOR INFORMATION.
11. Penalty abatement requests - change of ownership reports. APPROVE
PENALTY ABATEMENT REQUESTS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE
OFFICER.
Page 263.
January 22, 1986
January 22, 1986
12. Community Development Block Grant I981 and 1982 program year audits -
the audit for program year 1981 covering the period April 1, 19$2
through June 30, 1985 and program year 1982 from the period April 1,
1982 through August 31, 1985 has been completed. ACCEPT FOR
INFORMATION.
13. Community Development Block Grant program year 1983 and 1984 audit -
the audit report has been prepared for program year 1983 for the
period July 1, 7983 through June 30, 1985 and program year 7984
for the period July 1, 1984 through June 30, 1985. ACCEPT FOR
INFORMATION.
14. Fixed asset registers - the Auditor has prepared a report, together
with recommendations, recommending that the Board authorize the
elimination from the fixed assets registers and accounts of the
county, a17 items with an original cost of less than $T00. APPROVE
RECOMMENDATION.
15. 1984-85 Grand Jury/Board of Supervisors audit - Coopers and Lybrand,
certified public accountants, submit the report on examination of
combined financial statements, nontransit fund, transit fund, revenue
sharing compliance letter, and report to management. ACCEPT AUDITS
FOR INFORMATION AND DIRECT CHIEF ADMINISTRATIVE OFFICER TO SECURE
DEPARTMENTAL COMMENTS ON THE REPORT TO MANAGEMENT.
16. Substitution of trustee and deed of reconveyance - Kenneth L. and
Sherry Young - a substitution of trustee and deed of reconveyance
naming the county instead of Orovil7e Title Company has been prepared
relating to the original deed of trust which was recorded on May 9,
197$ in Book 2282 at Page 219. AUTHORIZE THE CHAIRMAN TO SIGN
SUBSTITUTION OF TRUSTEE AND DEED OF RFCONVEYANCE.
77. Amendment No. 2 - Community Development 61ock Grant No. 82-STBG-003 -
the amendment extends the grant period to December 31, 1986 and
changes the program title to include Housing Rehabilitation, Street
Improvements, Construction of Storm Drains and Sewers, and
Neighborhood Clean-up. APPROVE GRANT AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
78. Amendment No. 1 - Community Development Block Grant No. $3--STBG-074 -
the amendment extends the grant period through March 30, 1987.
APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
19. Salary ordinance amendment ~- the ordinance transfers 50~ of the
Personnel Director position from JTPA to Personnel and eliminates
one personnel analyst position. WAIVE THE SECOND READING AND ADOPT
ORDINANCE 2510.
Page 264.
January 22, 7986
January 22, 798fi
20. Salary ordinance amendment - the ordinance re-establishes two civil
deputy positions in the Sheriff's Department to be assigned to the
Civil Division. WAIVE THE FIRST READING OF THE ORDINANCE.
21. Child Protective Services agreement - Family Service Association -
the agreement has been prepared in the amount of $9,950 covering
the period July 1, 1985 through June 30, 1986 which provides for
counseling and/or evaluation necessary in providing protection for
children-at-risk. APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
22. JTpA contract - the Valley Oaks Children's Services, Inc. has
separated from Chico Community Day Care, a former contract holder
with the State Department of Education for JTPA funds. Valley Oaks
wishes to become the prime contractor for JTPA child care funds.
AUTHORIZE A CONTRACT BETWEEN JTPA AND VALLEY OAKS CHILDREN'S
SERVICES, INC., FOR ADMINISTRATION OF JTPA CHILD CARE FUNDS.
23. Student Drug Abuse Suppression Program - modifications of service
contract with Family Service Association of Chico - the modification
increases the amount of payment from $10,000 to $21,905.50 and
identifies substitution of liaison between the .agencies. APPROVE
CONTRACT MODIFICATION AND AUTHORIZE THE CHAIRMAN TO SIGN.
24. Student Drug Abuse Suppression Program - Oroville Chemical People -
an agreement has been prepared with the Oroville Chemical People
in the amount of $3,000 for costs relating to the production and
distribution of a quarterly newsletter. APPROVE AGREEMENT AND
AUTHORIZE THE CWAIRMRN TO SIGN.
25. Certificate of appreciation ~ Austin Caplinger. APPROVE CERTIFICATE
OF APPRECIATION FOR MR. CAPLINGER'S SERVICE ON THE OROVILLE CEMETERY
DISTRICT BOARD OF DIRECTORS.
26. Disposition of records - the Public Health Department requests Board
authorization to destroy file copies of birth certificates, fetal
death certificates, and death certificates filed during the period
January 1982 through December 1984 in accordance with Section 10067
of the Wealth and Safety Code. APPROVE THE DISPOSITION OF RECORDS
AS REQUESTED.
27. Employee health plan - the Foundation Health .Plan of Chico gives
notice pursuant to federal and state regulations relevant to providing
health benefits to county employees. REFER THE LETTER TO THE WEALTH
PLAN REVIEW COMMITTEE FORA RECOMMENDATION.
Page 265.
January 22, ~98fi
January 22, 1986
28. Advanced step hiring - the Personnel Director requests authorization
for the following advanced step hiring:
a. Extra help building inspectors in the Public Works Department
at the E step.
b. Regular help chief cashier in the Treasurer/Tax Collector's
Office at the C step.
c. Social worker supervisor II in the Welfare Department at the
E step.
AUTHORIZE THE ADVANCED STEP HIRING.
29. Communications.
a. Jean Langerwerf (Langerwerf Dairy, Inc.} - writes requesting
nonrenewal of their Williamson Act contract for a portion of
AP 40-14-01. REFER TO ASSESSOR AND PLANNING DIRECTOR.
b. Supervisor M. W. "Mick" Janes, Modoc County - submits apologies
for remarks made at the Iast Nine Northern Counties meeting in
Redding. ACCEPT FOR INFORMATION.
c. Jan M. Fischer, Chico - writes submitting remarks concerning
the Forks of Butte Hydroelectric Project. ACCEPT FOR INFORMATION.
d. Town of Paradise - forwards its Resolution 85-54 naming Acorn
Court in the town. ACCEPT FOR INFORMATION AND REFER TO PUBLIC WORKS
DIRECTOR.
e. Governor`s Office - pursuant to the provision of Elections Code
Section 2553, forwards a copy of the Governor's proclamation declaring
that the Statewide Direct Primary Election wi71 be held on June 3,
I986. ACCEPT FOR INFORMATION AND REFER TO COUNTY CLERK.
f. W. T. Ambrose, et a7, OrovilTe - write concerning the condition
at 4997 Power House Hill Road in the Oraville area, which has been
deemed unsightly to neighbors in the area. REFER TO PLANNING DIRECTOR
AND COUNTY COUNSEL.
g. Butte County Fish and Game Commission - the commission writes
recommending that the Board of Supervisors oppose a proposal to
ban the use of lead shot for the taking of waterfowl in the County
of Butte. OPPOSE PROPOSAL AND AUTHORIZE A LETTER TO THE
U.S. DEPARTMENT OF FISH AND GAME.
h. State Department of Fish and Game - forwards notification of
the department's intent to recommend an archery either sex deer
hunt in I986 at Gray Lodge. REFER TO FISH AND GAME COMMISSION FOR
REPORT AND RECOMMENDATION.
Page 266.
January 22, 1986
Januar~r 22, 1986
i. Aran Avis, Paradise - submits resignation as a member of the
Planning Commission and agrees to continue until a replacement can
be appointed. ACCEPT RESIGNATION AND ACKNOWLEDGE LETTER.
j. Martin J. Nichols, chief administrative officer - submits
information on the status of the Governor's budget. ACCEPT FOR
INFORMATION.
MOTION: APPROVED CONSENT AGENDA AND AUTHORIZED PREPARING OF APPROPRIATE
LETTER OR RESOLUTION IN THE MATTER OF ITEM 29(i}.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86-37 Additional items presented by Board members to be considered at the end
of the day: (T32}
1. Supervisor McInturf - Soard consideration of requesting CalWater
in Chico to hold a public hearing on storage to be constructed.
(SUPERVISOR WHEELER ADVISED THAT THERE ~dOULD BE A MEETING IN THE
CHICO CITY COUNCIL CHAMBERS THIS THURSDAY EVENING ON THIS MATTER.)
2. Chairman McLaughlin -- proxy vote for Air Pollution Control staff
to attend meeting.
3. Chairman McLaughlin - library meeting in Red Bluff on January 26,
1986.
4. Chairman McLaughlin - appointment to Economic Development Corporation.
Regular Agenda
$6-38 Budget outlook: (172) (**00)
a. Report of Chief Administrative Officer on financial outlook, 1986-87
proposed budget process and budget transfers.
b. Report of Chief Administrative Officer and County Fire Warden on
proposed fire protection district.
MOTION: ADOPTED REPORT IN CONCEPT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
MOTION: ADOPTED RESOLUTION 86-07 IN RECOGNITION OF ALL EMPLOYEES FOR
THEIR EFFORTS THEY HAVE MADE.
Page 2G7.
January 22, 1986
January 22, 1986
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: DEFERRED BUDGET TRANSFERS TO THE TENTATIVE GOVERNMENT FINANCE
COMMITTEE.
M S
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: REFER FIRE DEPARTMENT CONSiDERRTIONS TO THE FINANCE COMMITTEE.
M S
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 72:40 p.m.
RECONVENE: 1:56 p.m.
SUPERVISOR FULTON ABSENT AT THIS TIME.
86-39 Additional item presented by County Counsel:
1. Mr. Wallace reported on County of Butte v. Superior Court v.
Hal T. Brooks regarding Third District Gourt of Appeals ruling.
Public Wearings and Timed Items
86-40 Recognition of persons wishing to speak. (60)
1. Glenn Miller - concern regarding child abuse, the Sheriff using private
security guards to watch prisoners in the jail and Chief Administrative
Officer's comments about the employees of the county.
2. Nell Lind - asked that the fire service district issue be placed
on the ballot.
SUPERVISOR FULTON PRESENT AT THIS TIME.
Regular Agenda
86-41 Report of Personnel Director on the nomination for the community member
an the Personnel Appeals Commission. (133)
MOTION: APPOINTED ROBERT DAMS TO A FOUR-YEAR TERM.
S M
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 2b8.
January 22, 1956
January 22, 1986
Public Hearings. and Timed Items
86-42 Presentation by Bob Skidmore, Caltrans, regarding the Gianella Bridge.
(from 1/7/86} {200)
MOTION: WENT ON RECORD AS SUPPORTING CONSTRUCTION OF THE NEW BRIDGE
UNDER CURRENT SCHEDULES. ENCOURAGED CALTRANS TO MODIFY ITS
BIDS TO SPLIT THE BIDS OF CONSTRUCTION OF THE NEW BRIDGE AND
ON RAZING OF THE OLD BRIDGE.
S M
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 3:02 p.m.
RECONVENE: 3:16 p.m.
Regular Agenda
86-43 Report from Director of Public Health concerning restaurant inspection
fees. (2055) ('~**000)
MOTION: TO ESTABLISH A FEE SCHEDULE ON THIS PARTICULAR PROGRAM THAT
REFLECTS R TEN PERCENT INCREASE FROM LAST YEAR'S FEE5 RETROACTIVE
TO JANUARY 1, 1986.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
(ENVIRONMENTAL HEALTH DEPARTMENT TO BRING BACK RESOLUTION BASED UPON
MOTION RBOVE STATED.}
86-44 Establishment of the Underground Storage Tank Program - action requested:
(431)
a. Waive second reading of the ordinance.
b. Adopt the ordinance.
MOTION: WAIVED THE SECOND READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: ADOPTED ORDINANCE 2511.
M S
VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion carried}
MOTION: TO DIRECT THAT A RESOLUTION BE PR EPARED ESTABLISHING THE FEES
THAT DOES NOT INCL UDE THE COLLECTION OF THE STATE SURCHARGE.
M S
VOTE: 1 N 2 Y 3 Y 4 N 5 NV (Motion fails)
Page 269.
January 22, 1986
Januar 22, 1986
86-45
86-46
86-47
Consideration of lease agreement with Fortier and Sons, Inc „ concerning
the lease of property located at the intersection of Duncan Road and
Troxel Way. (from l2/l7/85) (711)
MOTION: 70 APPROVE LEASE AGREEMENT WHICH HAS BEEN PREPARED.
M S
VOTE: 1 N 2 NV 3 Y 4 N 5 Y (Motion fails}
SUPERVISOR FULTON ABSENT AT THIS TIME.
MOTION: DIRECT PUBLIC WORKS TO IMMEDIATELY PROCEED TO RESEARCH SURPLUS
DISPOSAL OP THE PROPERTY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried}
Consideration of 1986 Board committees and appointments. {1102)
SUPERVISOR FULTON PRE5ENT AT THIS TIME.
MOTION: APPOINTED SUPERVISOR FULTON AS THE CHAIRMAN OF THE COUNTY VETERANS
HALL COMMITTEE AND ALTERNATE DIRECTOR TO THE NORTHERN CALIFORNIA
SUPERVISORS ASSOCIATION OF CALIFORNIA.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 NV (Motion carried)
{CHANGES TO THE BOARD COMMITTEES AND APPOINTMENTS Lf
1986 AS FOLLOWS: CHICO MEMORIAL HALL COMMITTEE
CHICO INTERGOVERNMENTAL RELATIONS COMMITTEE AND
COMMITTEE - SUPERVISORS DOLAN AND WHEELER;
COMMITTEE SUPERVSIORS DOLAN AND McINTURF AND
SUPERVISOR McINTURF.)
:TIER DATED JANUARY l0,
- SUPERVISOR WHEELER;
CHICO URBAN ISSUES
BLOCK GRANT LOAN
LAFCo ALTERNATE -
MOTION: ADOPTED 1986 BOARD COMMITTEES AND APPOINTMENTS AS SET OUT IN
THE JANUARY 70, 1986 LETTER FROM CHAIRMAN McLAUGHLIN WITH THE
AMENDMENTS THAT WERE MADE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Additional items by Board members to be addressed at the end of the day:
(1248 }
1. Wi71iam C. Barry, attorney at Taw - on behalf of the City of Oroville
and Police Chief Jan Duke files a claim for indemnification against
the County of Butte, Dixie Trinkle, Christine Erlandson, Tom Reed
and H. Crisan in the lawsuit of Pauline Gilliam and Eugene Gilliam v.
County of Butte, etal.
Page 270.
January 22, 198fi
January 22, 7 98f>
2. A. Jeffrey DeFfart, attorney at Taw - on behalf of the City of
Oroville, Jan Duke and Gary Grant files a claim for indemnification
against the County of Butte concerning the lawsuit of Pauline Gilliam
and Eugene Gilliam v. County of Butte, City of Oroville, et al.
MOTIOPd: REJECTED CLAIMS AND REFERRED TO COUNTY COUNSEL AND RISK
MANAGEMENT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Chairman McLaughlin - proxy for Air Pollution Control meetings.
MOTION: DESIGNATED JOE BANDY OR HIS STAFF AS PROXY TO THE AIR POLLUTION
CONTROL htEETiNGS FOR 798fi.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
4. Chairman McLaughlin ~- meeting an libraries in Red Bluff to be held
January 26, 1986. (ADMINISTRATIVE OFFICE TO ATTEND MEETING.)
5. Chairman McLaughlin ~ appointment to Economic Development Corporation.
MOTION: APPOINTED HUGH SANTOS TO THE ECONOMIC DEVELOPMENT CORPORATION
A5 THE DISTRICT 4 APPOINTMENT WITH THE TERM TO BE CONCURRENT
WITH THE TERM OF THE SUPERVISOR:
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 4:26 p.m. to hold a closed session
on litigation. (Aiello v. County of Butte, Dulai v.
County of Butte and Sumpter v. County of Butte}
RECONVENE: The Board reconvened at 4:48 p.m. following a closed session
regarding litigation. (NO ANNOUNCEMENTS AT THIS TIME.)
ADJOURNMENT: There being nothing further before the Board at this time,
the meeting was adjourned at 4:49 p.m. to reconvene an
Tuesday, February 4, 1986 at 9:00 a.m.
!~„ ,~ ~ r
Chairman,/VBtaard of uperv~sors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and Clerk of the Board
By
Page 271.
January 22, 1986