HomeMy WebLinkAboutM043085Apri 7 30, _ 1.985
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, McInturf, McLaughlin, Wheeler and Chairman Fulton;
Martin J. Nichols, chief administrative officer; Del Siemsen, county
counsel; and Rubye Townsley, deputy clerk of .the Board.
Pledge of allegiance to the Flag of the United States of America.
85-309 Additional items from Board members to be addressed at the end of
the day:
1. Supervisors Fulton and McLaughlin wished to discuss parking
around the county building.
2. Supervisor Wheeler wanted to comment on the Siervonti case,
discuss a proposal on water and comment on the Nitrate Action
Plan.
3. Chairman Fulton requested a discussion on OWID Hydro Project.
$5-310 Items removed from the Consent Agenda for separate consideration:
(90}
T. Nitrate Action Plan modification - the City of Chico is requesting
Board approval modifying the completion of a Master Sanitary
Sewerage and Storm Drainage Plan as part of the Nitrate Action
Plan to reflect a deadline of September 1, 1985,
2. BuzztaiT Community Services District - a resolution has been
prepared declaring the results of the formation election and
authorizing formation of district.
Page 516
April 30, T985
85-3T l Consent A~end_a
{90)
T. Revenue Sharing proposed use hearing. SET HEARING DATE FOR MAY 21,
T985, AT T1:00 A.M.
Report of the Cohasset/Forest Ranch Planning Area Committee.
SET HEARING DATE FOR JUNF 4, 7985, AT 2:00 P.M.
3. Bruce McDougal - abandonment of a public road easement, portion
of Oak Way right-of-way, property located on the south side
of Oak Way, 650} feet southwest of its intersection with Highway 32,
identified as AP 42-14-120, Chico. ADOPTED RESOLUTION 85-58
SETTING HEARING DATE FOR JUNE 4, 1985, AT 10:00 A.M.
4. Lippincott-Guth Associates - on behalf of W. D. Van Alstyne,
appeal the Advisory Agency's denial of the requirement for an
environmental impact report on tentative parcel map, AP 56-
41-17, four parcels, property located on the north side of Platt
Mountain Road approximately 3000 feet east of its intersection
with Highway 32, Forest Ranch area. SET HEARING DATE FOR MAY 21,
1985, AT 11:30 R.M.
The Church of Jesus Christ of Latter-Day Saints - Manfred H. Erekson,
on behalf of the church, appeals the Planning Commission's denial
of a use permit to allow the construction of a church chapel
and recreation area on property zoned A-5 {agricultural 5 -
acre parcel) far property located on the west side of French
Avenue 600 feet north of West Liberty Road identified as AP 21-13-1-T6,
Gridley area. SET HEARING DATE FOR MAY 21, 1985, AT 2:00 P.M.
6. Report of County Counsel on claim of Gary Contreras in the amount
of $750,000 alleging damages as a result of a motorcycle/motor
bike accident along Southern Pacific Railroad tracks and "B" Street
in Biggs on or about January 17, 1985. REJECTED CLAIM.
7. Jordan !~. Peckham, attorney at Taw - on behalf of Pieter D. Van Buskirk,
submits a claim in the amount of $T00,000 as a result of alleged
injuries occurring on or about March 30, 1985, in the vicinity
of Fifth Avenue Bridge, near Rio Lindo Avenue, in Chico. REJECTED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
Page 5l7
April 30, 1985
85-311
(Cont'd) 8. Law Enforcement contract - Drug Enforcement Administration -
an agreement has been prepared with the Drug Enforcement Admini-
stration of the O.S. Department of Justice in the amount of
$17,000 for the period January 1, 1985, through December 31,
1985, to defray costs relating to the eradication of marijuana
on public and privately-owned Tands. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN AND SHERIFF TO SIGN.
9. Contract far legal representation (Superior Court Case 87463) -
a letter agreement has been prepared with the Law Firm of Kronick,
Moskovitz, Tiedemann 8 Girard to represent Butte County and
Treasurer/Tax Collector Dick Puelicher in defending the complaint
in quo warranto. APPROVED LETTER AGREEMENT AND AUTHORIZED THE
CHAIRMAN TO SIGN..
10. 1985-86 Tax and Revenue Anticipation Note Issue Contracts -
contracts have been prepared with the firms of Ehrlich-Bober
~ Company, Inc., {$33,000) to act as the county's financial
manager and underwriter for the note issuance, and Hawkins,
Delafield and Woad ($6,500) to act as the county`s bond counsel.
APPROVED CONTRACTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
71. Penalty abatement requests - change of ownership reports. APPROVED
THE FOLLOWING PENALTY ABATEMENT REQUE5T5: Mr. & Mrs. Richard Hamilton,
AP 048-41-0-059-0; Elizabeth Kiefer Merryman, AP 075-24-0-023-0;
Marcia Kidder, AP 011-07-0-031-0; Mr. & Mrs. Donald L. Smith,
AP 005-49-0-017-0; G. Chris Larson, AP 064-61-0-035-0; Walter E. Schultz,
AP 002-35-0-060-0; Mr. & Mrs. Steven R. Goff and Mr. & Mrs.
Larry D. Richter, AP 030-i0-0-081-0; Paradise Ready Mix, AP 035-40-0-016-0;
Mr. & Mrs. Jack Elson, AP 065-12-0-008-0; Nancy Dann, Deborah Dann,
AP 051-13-2-122-0; Geraldine C. Thomas, AP D75-15-0-012-0; Dean 0. Talley,
AP 072-41-0-014-0; Mr. & Mrs. Frank Terstegge, AP 005-36-0-005-0;
CTem W. & Shirley 0. Trent, AP 051-42-0-055-0; Federal National
Mortgage Assoc., AP 064-27-0-02-0; Sharon L. Johnson & Sandra A. Vollendorf•
AP 033-04-4-001-0, 008-0; Mr. & Mrs. Wilson Fillbach, AP 045-07-1-003-0,
004-0, 005,0, 006-0. DENIED THE FOLLOWING: Mr. & Mrs. Gary G. Borg,
AP 048-70-0-013-0.
12. Steve Lotti parcel map {AP 47-13-141 and 142) - a request has
been received requesting permission to cross the one-foot no-access
strip at the end of Songbird Street, Chico area, which is being
recommended by the Public Works Director. AUTHORIZED CROSSING
OF ONE-FOOT NO-ACCESS STRIP.
Page 518
April 30, 1985
85-311 73. Central Chico Redevelopment Project - a resolution has been
{Cont`d) prepared electing to receive all additional allocations of taxes
in accordance with Health and Safety Code §33676 affecting redevelopment
agency activities as part of the project. ADOPTED RES0LllTI01~
85-59 AND AUTHORIZED THE CHAIRMAN TO SIGN.
74. Planning Commissioner travel - pursuant to Board Resolution 82-177
Board authorization is necessary to approve funding for Commissioner Lambert
to attend State County Planning Commission Association meeting
Central Division) May iT, 1985, in Visalia in the approximate
amount of $250. AUTHORIZED TRAVEL EXPENSES.
T5. Communications.
a. George Robison, OrovilTe - writes complimenting the Public
Works Department on maintenance of Bald Rock Road. ACCEPTED
FOR INFORMATION AND REFERRED TO PUBLIC WORKS.
b. Butte Gounty Library - letters of support have been received
concerning continued funding of library services from Mrs. Belem Graham
and-the Paradise Friends of the Library. ACCEPTED FOR INFORMATION.
c. Town of Paradise - Mayor Campion writes indicating this
town`s concern on the public cost of any court consolidation.
ACCEPTED FOR INFORMATION AND REFERRED TO TASK FORCE.
d. Paradise Auditorium/Community Center, Inc. - writes requesting
X20,000 Revenue Sharing funding in T985-8fi. REFERRED TO CHIEF
ADMINISTRATIVE OFFICER AND REVENUE SHARING HEARING.
e. Sacramento Yalleywide Air Basin Gontrol Council - writes
requesting the need to continue maintenance of computer equipment
provided the Butte County Air Pollution Control District. ACCEPTED
FOR INFORMATION.
f. Butte County Farm Bureau - Walton C. Walker, president,
expresses concern and suggests removal of areas of the county
in agricultural preserves not being used far agricultural purposes.
REFERRED TO LAND CONSERVATION ACT COMMITTEE AND COUNTY COUNSEL
FOR REPORT AND RECOMMENDATION.
g. State Department of Health Services -forwards a Remittance
Summary indicating the amount of unexpended funds which will
be recouped from FY 1983-84. ACCEPTED FOR INFORMATION.
Page 519
Apri 1 30, 7 985
85-317
{Cont'd) h. State Department of Justice - sends notification of delinquency
of county's Solid Waste Management Plan revision in accordance
with Government Code §66780.5 which is presently under development.
REFERRED TO PUBLIC WORKS DIRECTOR FOR REPORT.
i. State Department of Fish and Game - Jack C. Parnell, director,
responds to the Board`s inquiry requesting information on deer
herds in Butte County. REFERRED TO PLANNING COMMISSION.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: 1 Y 2Y 3Y 4Y
Regular Agenda
5 Y (Unanimously carried}
85-312 Nitrate Action Plan modification - the City of Chico is requesting
{85) Board approval modifying the completion of a Master Sanitary Sewerage
and Storm Drainage Plan as part of the Nitrate Action Plan to reflect
a deadline of October 1, 1985.
Motion: AUTHORIZED TIME LINE CHANGES IN NITRATE ACTON PLAN AS
FOLLOWS: (1} ESTABLISHMENT OF STANDARDS AND CONDITIONS
FOR TEMPORARY LEACHFIELD TYPE STORM DRAINAGE FACILITIES
BY JULY 1, 1985; {2) CHICO`S ADOPTION OF WELL ORDINANCE
BY JULY 7, 1985; AND (3) COMPLETION OF MASTER SANITARY
SEWERAGE AND STORM DRAINAGE PLAN BY OCTOBER 1, 1985.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 (Unanimously carried)
85-313 Suzztail Community Services District - a resolution has been prepared
(178} declaring the results of the formation election and authorizing
formation of district.
Motion: ADOPTED RESOLUTION 85-fi0 AND AUTHORIZED CHAIRMAN TO SIGN.
S M
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried}
Page 520
April 30, 1985
85-314 Penalty abatement requests - change of ownership reports. (APPROVED
(266} EARLIER AS PART OF THE CONSENT AGENDA. SUPERVISOR McLAUGMLIN VOICED
CONCERNS REGARDING REASONS GIVEN ON PENALTY ABATEMENT REQUESTS,
AND WHETHER THE BOARD SHOULD APPROVE THEM. MIKE PYEATT, DEPUTY
ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT A RECENT LAW CHANGE,
EFFECTIVE JULY 1, GIVES THE COUNTY RECORDER THE OPTION TO REQUIRE
SUBMITTAL OF QUESTIONNAIRES BEFORE ACCEPTING RECORDATION, WHICH
WOULD PROBABLY REDUCE THE NUMBER OF PENALTY ABATEMENT REQUESTS.
Motion: AUTHORIZED CHIEF ADMINISTRATIVE OFFICER TO INFORM COUNTY
RECORDER THAT THE BOARD REQUESTS COUNTY RECORDER TO REQUIRE
THE SUBMISSION OF THE SALES QUESTIONNAIRE BEFORE DEED IS
RECORDED, PURSUANT TO LAW EFFECTIVE JULY 1, 1985.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-315 Additional items from Board members:
(436)
1. Supervisor Wheeler expressed concern regarding the cost to the
county of the Sier--o~ti case. She thought some of our representatives
could carry some legislation to help offset the cost that the
county is incurring.
Motion: GAVE DIRECTION TO ADMINISTRATIVE STAFF TO IMMEDIATELY PREPARE
INFORMATIONAL PACKET ON BACKGROUND AND COSTS INVOLVED SO
THAT BOARD COULD SEEK LEGISLATIVE ASSISTANCE, IF NECESSARY.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
2. Supervisor Wheeler said that she would come back at the next
meeting with a ,proposal to the Board on some possibilities relating
to water, such as selling some of the excess water of Butte
County to generate revenue for the county.
3. Supervisor Fulton wanted to know whether OWID planned to have
a public hearing regarding the diversion on Big and Little Kimshew
Creek. (MR. NICHOLS SAID THAT A PUBLIC HEARING IS PLANNED.)
4. Supervisor Wheeler said she would submit a report on her attendance
at NACo.
CLOSED SESSION: The Board recessed at 10:30 for a closed session
Meet and Confer on potential litigation and a personnel
matter. Supervisor Wheeler requested a discussion
in closed session on the Midway Orchards and Ravenwood
litigations.
Page 521
April 30, 19$5
RECONVENE: The Board reconvened at T2:3O p.m. foT7owing a closed session.
(NO RNNOUNCEMENTS MADE.)
85-376 Additiona] items from Board members:
(734)
7~. Supervisor Wheeler requested that the Board approve two resolutions.
Motion: ADOPTED RESOLUTION 85-61 PROCLAIMING MAY 13--17 AS FlITURE
FARMERS OF AMERICA MEEK IN BUTTE COUNTY. ADOPTED RESOLUTION $5--62
HONORING THE COMMUNITY HO5PITAL VOLUNTEERS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
2. Supervisor Doran requested the Board designate May as Mental
Health Month.
Motion: DESIGNATED MAY AS MENTAL HEALTH MONTH.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
85-377 Recognition of persons wishing to speak:
T. Ben Mloodson requested a proclamation from the Board regarding
the tenth anniversary of the end of the Vietnam conflict.
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 12:47 p.m.
a7rman, Board o~- ~upervlsors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk~of)the Board of Supervisors
BY ~ ~(~ ~6L/~Pv~
Deputy 0
Page 522
April 30, 7955