HomeMy WebLinkAboutM030585March 5, 1985
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, McTnturf, McLaughlin and Chairman Fulton;
Martin J. Nichols, chief administrative officer; Del Siemsen, county
council; and Rubye Townsley, deputy clerk of the Board.
Absent: Supervisor Wheeler
Pledge of allegiance to the Flag of the United States of America.
85-152 Additional items from Board members to be addressed at the end of the
(20) day:
1. Supervisor McLaughlin wanted to talk about railroad crossings.
85-153 Ttems removed from the Consent Agenda for Board discussion and action:
{32)
1. Budget transfers.
2. Vehicle purchase, Mental ITealth - Board authorizatioriis necessary
to purchase a compact sedan at a cost of $$,500 from existing
appropriations.
3. Salary ordinance amendment - the ordinance amendment implements
staffing provisions of the jail agreement, adds several new
positions and implements classification changes identified through
the classification review study.
4. City of Chico - Mayor Karl Ory writes concerning development
density standards to be incorporated in the Nitrate Action Plan.
5. Butte County Law Enforcement Officer's Association - Anthony Travers,
safety committee, and Burton Akins, president, writes to advise
of hazardous conditions in the prisoner holding room of the
Oroville Justice Court.
Page 452
March 5, 1985
85-154
Consent Agenda
1, Amendment to minutes. AMENDED MINUTES OF MARCH 20, 1984, MINUTE
ORDER 84-232 TO REFLECT THAT THE ORDINANCE CONCERNING INCARCERATION
IS ORDINANCE 2393(A).
2, Approval of minutes. APPROVED MINUTES OF FEBRUARY 26, 1985.
3. Resolution in support of federal funding for the operation and
maintenance of the existing Amtrak National Rail Passenger System.
ADOPTED RESOLUTION 85-24 AND AUTHORIZED THE CHAIRMAN TO SIGN.
4. Appointments to the Sutte County Health Planning Council. APPOINTED
AL BUCHANAN, BERNARD HIETPAS, ROCKY ALAN BURKS, ARDEN BENNETT AND
SHIRLEY SAIT HUNEVEN TO SERVE UNTIL DECEMBER 31, 1987, AND APPOINTED
RISE VANDENSURG TO SERVE UNTIL DECEMBER 31, 1985 (from 2/26/85).
5. Agenda items from the joint meeting between the Board of Supervisors
and Planning Commission on March 12, 1985: (I) Developing a set of
goals; (II) Zoning administration; (III) R-zone revisions;
(IV) Elimination of A-2 zones; (VI) Minimum lot size requirements.
ACCEPTED FOR INFORMATION.
6. Typewriter purchase, Assessor - Board authorization is necessary to
purchase an electronic typewriter from existing appropriations,
AUTHORIZED PURCHASE OF ELECTRONIC TYPEWRITER.
7. Butte County Economic Development Corporation agreement - the
agreement is in the amount of $74,000 and contains various
termination provisions with a term not to exceed July 30, 1985,
APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
8. Torkelson, Van Hoosear & Torkelson, attorneys at law - on behalf
of Cynthia Ann Amesbury, submit a claim in the amount of
X100,000 alleging damages from a vehicle accident at the inter-
section of 3rd Street and Grand Avenue on or about November 26, 1984.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
9. Ratan & Tucker, Leonard A. Hampel and Philip D. Kohn, attorneys
at law - on behalf of Midway Orchards, South Fork Developers,
Bill Cottingham, Robert E. Maurer, Robert E. Osborne, Ronald J. Laffins
and Richard.H. Laffins, submit a claim in the amount of $10,000,000
alleging damages as a result of the rescission, repeal or revocation
of certain land uses on or about January 15, 1985. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
Page 453
March 5, 1985
85-154 10. Air Pollution Control District = an .audit report of the expenditures
(Cont'd) of the Air Pollutien Control District for the use of funds received
under the Air Resources Board subvention program for fiscal year
1983-84 has been prepared, ACCEPTED REPORT.
11. 1985 Community Development Bloclc Grant - scheduling of public
meeting to inform the public of program options of potential projects.
PUBLIC HEARING DATE SET FOR MARCH 19, 19$5, AT 1:30 P,M.
12, Private Industry Council - sends notice of resignation of
Bruce Aldrich, business representative from the Oroville area.
ACCEPTED THE RESIGNATION AND REQUESTED THE OROVILLE CHAMBER OF
COMMERCE TO SUBMIT NOMINATIONS FOR REPLACEMENT.
13. Advance step hiring -~ the Personnel Director advises that advance
step offering may be necessary to attract suitable candidates
for deputy county counsel IV position. AUTHORIZED COUNTY COUNSEL
TO OFFER UP TO THE "D" STEP OF THE PAY RANGE FOR THE CURRENT
DEPUTY COUNTY COUNSEL IV VACANCY.
14. 3TPA subgrant - a subgrant has been prepared between the county
and Superintendent of Schools to implement procedures for
developing the final portion of a video tape training program
for JTPA eligibles. APPROVED CONTRACT AND AUTHORIZED EXECUTIVE
OFFICER TO SIGN.
15. Gammunications.
a. City of Chico - William D. Nichols, chair, Intergovernmental
Relations Committee, writes concerning action by the city and
county fire departments in fighting the Park Plaza fire on
February 11, 1985. ACCEPTED FOR INFORMATION.
b. Alliance of California Taxpayers & Involved Voters -
Lee A. Phelps, chairman, writes to request support for AB 200
(McAlister). REFERRED TO CHIEF ADMINISTRATIVE OFFICER,
c, Clay Large, Oroville -- writes to request county assistance
in obtaining electricity for residents of Jordan Hill Road,
AUTHORIZED LETTER OF SUPPORT TO PUBLIC UTILITIES COMMISSION.
d, Private Industry Council - forwards the 1985 planning schedule
for developing the training plan for the Butte County service
delivery area. ACCEPTED FOR INFORMATION.
e. Catalyst, Women's Advocates, Inc. - Maureen Ryan, clinical
director, writes to request $10,000 in revenue sharing money from
Butte County for the 1985-86 fiscal year. REFERRED TO CHIEF
ADMINISTRATIVE OFFICER FOR A REPORT AND RECOMMENDATION DURING
BUDGET HEARINGS,
Page 454
March 5, 1985
85-154 15. Communications .(Continued)
(Cont'd)
f. Chico Area Council on Aging, Inc. - B.M. Ross, treasurer,
writes to request $7,500 in federal revenue sharing funds for
fiscal year 1985-86. REFERRED TO CHIEF ADMINISTRATIVE OFFICER
FOR A REPORT AND RECOMMENDATION DURING BUDGET HEARINGS.
Motion: APPROVED CONSENT AGENDA
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Regular Agenda
85-155 Budget transfers.
(87)
Motion: APPROVED BUDGET TRANSFERS 8-156, B-160, B-162, B-163 AND 8-165.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-156 Vehicle purchase, Mental Health - Board authorization is necessary
(113) to purchase a compact sedan at a cast of $8,500 from existing appropriations,
Motion: AUTHORIZED PURCHASE OF VEHICLE.
S M
Vote:. l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-157 Salary ordinance amendment - the ordinance amendment implements staffing
(154) provisions of the jail agreement, adds several new positions and
implements classification changes identified through the classification
review study.
Motion: WAIVED FIRST READING.
S M
Vote: 1 X 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-158 City of Chico - Mayor Karl Ory writes concerning development density
(258} standards to be incorporated in the Nitrate Action Plan. (TO BE
CONSIDERED IN CONJUNCTION WITH AGENDA ITEM 4.07}
Page 455
March 5, 1985
85-159 Butte County Law Enforcement Officer's Association - Anthony. Travers,
(270) safety committee, and Burton Akins, president, write to advise of
hazardous conditions in the prisoner holding room of the Oroville
Justice Court.
Motion: REFERRED TO CHIEF ADMINISTRATIVE OFFICER FOR A REPORT
BACK TO THE BOARD ON APRIL 2, 1985.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried}
85-160 James T. Hayes, to present a donation on behalf of the Paradise Veterans
(323) Council far the purchase and installation of emergency lighting in the
Paradise Veterans Memorial Hall.
Motion; ACCEPTED DONATION AND AUTHORIZED A LETTER OF ACCEPTANCE
FOR THE CHAIRMAN'S SIGNATURE.
M ~ S
Vote: l Y 2 Y 3 AB 4 Y 5 Y {Motion carried}
85-161 Consideration of City of Oroville request to transfer Industrial
{364) Development Bonds from the county's 15$ allocation ($2,484,000).
Motion: ADOPTED RESOLUTION 85-25 TRANSFERRING PORTION OF COUNTY'S
PRIVATE ACTIVITY BOND ALLOCATION TO THE CITY OF OROVILLE
AND AUTHORIZED THE CHAIRMAN TO SIGN; AUTHORIZED THE FORWARDING
OF THE APPLICATION TO Tk3E CALIFORNIA DEBT ALLOCATION
COMMITTEE SUBJECT TO THE CONDITION THAT THE CITY OF OROVILLE
WILL REIMBURSE THE INDUSTRIAL BOND AUTHORITY FOR COSTS
INCURRED.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried}
85-162 Resolution supporting formation of an Economic Development District
(835) and declaring intent to enter into Joint Exercise of Powers Agreement.
Motion: ADOPTED RESOLUTION 85-26 AND AUTHORIZED THE CHAIRMAN TO SIGN;
REFERRED PROPOSED AGREEMENT TO COUNTY/CORPORATION COMMITTEE
ON ECONOMIC DEVELOPMENT.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Page 456
March 5, 1985
85-163 Presentation by Neal Road Landfill operator.
(1249)
Motion: REFERRED TO PUBLIC WORKS AND ANY OTHER APPROPRIATE DEPARTMENT
FOR REVIEW TO BRING BACK RECOMMENDATION TO THE BOARD ON MAY 7, 1985.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-164 Consideration of request by Association of Cities to seat city
(1788} representatives an the County Planning Commission. (REFERRED TO ~'OINT
MEETING WITH PLANNING COMMISSION AS AN AGENDA ITEM ON MARCH 12, 1985.)
CLOSED SESSION: The Board recessed at 10:07 for a five minute break
followed by a closed session.
RECONVENE: The Board reconvened at 10:50 a.m. following a closed
session, (SEE MINUTE ORDER 85-179.)
Public Hearings and Timed Items
85-165 Presentation by Greater Chico Chamber of Commerce concerning proposed
{1937) Community Center. {PRESENTATION CANCELLED.)
85-166 Continued hearing - Ron Graves & Associates -•on behalf of Dale Rash,
{1945) appeal Condition No. 10 (have an archaeological survey prepared by
a qualified professional on Parcel 2 and incorporate any recommendations
into the final map) on tentative parcel rnap, AP 27•-16-09, two parcels,
for property located on the east side of Dunstone Road, approximately
1000 feet north of its intersection with Grubbs Road, Oroville area
(from 2/12/85}. (ANNOUNCEMENT MADE THAT HEARING HAD SEEN VACATED.}
85-167 Report by County Counsel on public hearing procedure for award of
{1954) Tn-Home Supportive Services (IHSS) contract.
Motion: SET PUBLIC HEARING DATE OF APRIL 2, 1985, AT 10:15 A.M. FOR
A HEARING ON IHSS CONTRACT.
S M
Vote: l Y 2 Y 3 AB 4 N
5 Y (Motion carried}
Page 457
March, 5, 1985
Regular Agenda
85-168 Report from Director of Environmental Health on Windfall Bar nuisance
(2550) in Stirling City. {REPORT RECEIVED. NO ACTION TAKEN.)
85--169 Nitrate Action Plan.
(2714)
(CHAIRMAN FULTON LEFT AT 11:31 A.M. VICE CHAIRMAN McLAUGHLTN CONDUCTED
** THE REMAINDER OF THE MEETING.)
00
Motion: ADOPTED RE5OLUTTON 85-27 APPROVTNG NITRATE ACTION PLAN, WITH
OPTION II AS EXHIBIT "B".
M S
Vote: l Y 2 Y 3 AB 4 Y 5 AB {Motion carried}
85-170 Selection of meeting dates far joint city/county land use meeting.
(665) (REFERRED TO JOINT MEETING OF MARCH 12, 1985, FOR DISCUSSION.)
85-171 Interpretation regarding accessory use to agriculture. (CONTINUED TO
(714) MARCH 12, 1985.)
85-172 Report from Public Works Director on maintenance of Sacramento River
(1111) riprap. {CONTINUED TO APRIL 2, 1985.)
85-173 ordinance authorizing imposition of interim school facility development
(1705} fees pursuant to Government Code Section 55970 et seq. {CONTINUED TO
MARCH 12, 1985.)
85-174 Appointments to Lower Court Task Force.
{2921)
Motion: APPOINTED THE FOLLOWING: WILLIAM WARD, ROY McKERNAN,
MITA MARKLAND, ELIZABETH CARR, ROBERT GRAF, HOWARD COLLINS,
GENE TANIMOTO, EARL BAILEY, DALE HARTER AND DOROTHY OSIECK.
S M
Vote: 1 Y 2 Y 3 AB 4 Y 5 AB (Motion carried)
Closed Hearing
85-175 Closed hearing - Cliff Johnsen -- appeal of Condition No. 1 (Frontage
(3057) on California and Cleveland Streets to be constructed to RS-9-LD II standard,
i.e., curb, gutter, sidewalk and required street section for parcels. with
gross acreage of one acre or less. Submit drainage plans to the Department
of Public Works for approval and install required facilities) on tentative
parcel map, AP 46-130-02, four parcels, property located approximately
300 feet east of the intersection of California Street and Martin Street,
Chico area (from 2/25/85).
Page 458
March 5, 1985
85-175 Motion: DENIED APPEAL, BUT REQUIRED THE APPLICANT TO ENTER INTO AN
(Cont'd} AGREEMENT WHICH WOULD . STATE THAT THE IMPROVEMENT BE PUT IN
AT THE TTME DETERMINED BY THE PUBLIC WORKS DEPARTMENT.
*** S M
000 Vote: l Y 2 Y 3 AB 4 Y 5 AB (Motion carried}
Public Hearings and Timed Items
85-176 Recognition of persons wishing to speak:
{62)
1. Glenn Miller - regarding an allocation in the Sheriff's budget,
and jail conditions.
2. Nell Lind - concerning the jail lawsuit settlement.
3. Frank Brazell - regarding proposed ordinance for school fees.
4. Orrin S. Stratton -- comments regarding Neal Road landfill and
regarding proposed ordinance for school fees.
5. Cindy Schons - regarding school fees.
85-177 Continued hearing -- Ran Graves & Associates - on behalf of Dale Rash,
(723) appeal Condition No. 10 {Have an archaeological survey prepared by a qualified
professional on Parcel 2 and incorporate any recommendations into the final
map} on tentative parcel map, AP 27-16-09, two parcels, for property located
on the east side of Dunstone Road, approximately 1000 feet north of its
intersection with Grubbs Road, Oroville area {from 2/12/85).
Motion: ACKNOWLEDGED RECEIPT OF LETTER FROM APPLICANT REQUESTING
THAT HEARING BE VACATED.
M S
Vote: 1 Y 2 Y 3 AB 4 Y 5 AB (Motion carried)
85-178 Additional items from Board members:
(751)
1. Supervisor McLaughlin reported possible hazardous railraod crossing
conditions. (BILL CHEF'F REQUESTED TO WRITE NECESSARY LETTERS TO
APPROPRIATE OFFICIALS.)
Page 459
March 5, 1985
85-178 2. Mr. Nichols reported that a motion needed to made concerning
(Cont'd} the closed session held earlier in the day. (SEE FOLLOWING
MTIVUTE ORDER. )
85-179 Report on closed session. (THE BOARD RECEIVED REPORT FROM PERSONNEL
DIRECTOR THA'T' AUDIT EXCEPTIONS HAD BEEN RECEIVED UNDER THE CETA
PROGRAM FOR TWO OF TTS SUBCONTRACTORS, BUTTE COMMUNITY COLLEGE
AND COMMUNITY ACTION AGENCY.)
Motion: AUTHORIZED SENDING CHECK FOR $12,000 'I`O EMPLOYMENT DEVELOPMENT
DEPARTMENT AND FURTHER SEEK COLLECTION FROM BUTTE COMMUNITY
COLLEGE .
S M
Vote: l Y 2 Y 3 AB 4 Y 5 AB (Motion carried)
85~-180 Additional ztems to be discussed:
1. Mr. Nichols reported that following the Board's decision to re-
hold the hearing on In-Home Supportive Services on April 2, 1985,
he had learned that the firm approved for the service had taken
action to locate in Chico, and the Welfare-Director had asked that
the hearing be held earlier.
Motion: RESCHEDUDE HEARING ON IHSS FOR MARCH ~9., 1985,
AT 2:00 P.M.
S M
Vote: 1 Y 2 Y 3 AB 4 Y 5 AB (Motion carried)
85-I81 Recognition of personas wishing to speak.
1. Glenn Miller -concerning the possibility of filing a claim against
the settlement to recover public defender costs.
ADJOURNMENT: There being nothing further before the Board at this time
the meeting was adjourned at 1;20 p.m. to reconvene at 9:00 a.m.
on March 12, 1985.
ATTEST: C zrman, Board ~ Supervisors
MARTIN J. NTCHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
Bp:s~ ~~
Page X60
March 5, 19$5