HomeMy WebLinkAboutM071685July 16, 1985
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Mclnturf, McLaughlin and
Chairman Fulton; Martin J. Nichols, chief administrative officer;
Del Siemsen, county counsel; and Rubye Townsley, deputy clerk
of the Board.
Absent: Supervisor Wheeler.
Pledge of allegiance to the Flag of the United States of America.
$5-477 Presentation of Certificates of Appreciation were made to
Janet Taylor Smith and Leroy Shipp far their participation in
the Victim/Witness Program.
85-472 Additional items from Board members to be addressed at the end
(62) of the day.
1. Supervisor Mclnturf - letter to Regional Water Contoi Board.
2. Supervisor Mclnturf - Appointment to the Arts Commission.
3. Supervisor Dolan - several appointments.
Page 67
July 16, 19$5
85-473 Items removed from the Consent Agenda far separate consideration.
7. Community Development Block Grant audit - proposals ,have
been solicited for the conduct of the county's Community
Development Block Grant audit of programs for the eriod July 1,
T982 through June 30, T985.
2. Report from Planning Director on the Tyme Maidu Tribe - Berry
Creek Rancheria proposed acquisition of 234 acres of BLM
land near Berry Creek.
3. State Department of Fish and Game Deer Nerd Study in Butte
County - document costs.
4. State Department of Water Resources - sends notification
of 1986 State Water Project charges totaling $18,145.
5. State Department of Water Resources -forwards certification
of amounts required far the cast of operation and maintenance
of Maintenance Area No. 5 {Zones 1, 2, and 5), Maintenance
Area No. 7 (Zones 1, 2 and 3), Maintenance Area No. 13
(Zones 1, 2 and 3) and Maintenance Area No. 15 (Zones 1,
2 and 3).
6. Approval of minutes (AMENDMENT ONLY).
7. Outdoor festival permit - the Annual Mountain Jamboree
Committee of 5tiriing City requests waiver of the $100 fee
for the outdoor festival permit for activities planned on
August 3, 1985 {REMOVED FROM THE AGENDA).
85-474 Consent Agenda
1. Approval of minutes. APPROVED MINUTES OF JULY 2, 1985,
AMENDING MI~tUTE ORDER 85-458 TO SHOW THE ADOPTION OF
RESOLUTION 84-171A APPROVING THE C01~Q+IUNITY DEVELOPMENT BLOCK
GRANT PROGRAM APPLICATION.
2. Budget transfer. APPROVED BUDGET TRANSFER B-325.
3. Steven J. Howell, attorney at law - on behalf of Glenn Miller
and Denise Miller, and on behalf of their minor son
Matthew Raymond Miller, files a claim in the amount of $500,x00
as a result of alleged damages incurred on or about April 9,
7985 in Paradise. REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT COORDINATOR.
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July 16, 1985
85-474
(Cont'd) 4. Status of investments - the Treasurer submits the June 1985
report in accordance with AB 1073 and the County Investment
Policy. ACCEPTED FOR INFORMATION.
5. Penalty abatement requests - change of ownership reports.
APPROVED THE FOLLDWING REQUESTS R5 RECOMMENDED BY THE
CHIEF ADMINISTRATIVE OFFICER: KATHARINE DAWN COLLINS,
AP 057-42-0-044-0; FRANCISCO & SARA ZARRTE, AP 031-22-2-015-0;
ELLEN SHETTLESWORTH, ET RL, AP 033-45-1-002-0; AND DENIED
THE FOLLOWING REQUESTS AS RECOMMENDED BY THE CHIEF
ADMINISTRATIVE OFFICER: JEFFERY & PATRICIA HILGERT,
AP 004-28-7-002-0; STEVEN & PATRICIA SCHLIMME,
AP 03517-5-010-0; SHRRON R. JENSEN, AP 025-03-0-007-0.
6. Final map - The Bluffs at Spanish Garden - the developer
has provided a maintenance bond to guarantee maintenance
of facilities for a period of one year starting July .16,
1985, on the 22-Tot subdivision, plus Lot A for sewage disposal
purposes, AP 40-02-59 and 120, property located on the north
side of Skyway, one mile easterly of Honey Run Road. ACCEPTED
DEPOSIT BY. DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH
ARE A LTEN BUT NOT YET DUE OR PAYRBLE; APPROVED FINAL MAP;
ACCEPTED EASEMENTS AS GRANTED IN ITEMS 1, 2, 3, 4, 5, 7 AND
8 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED
GRANT IN FEE SIMPLE THE ONE-FOOT NO-ACCESS STRIP AS OFFERED
IN ITEM 6 OF THE OWNER'S CERTIFICATE; AND AUTHORIZED THE
CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
7. Carnmunity Development Program - Memorandum of Understanding -
new rental rehabilitation program - an MOU has been prepared
between the county and the Housing Authority defining the
Housing Authority's role in the program. APPROVED THE MOU
AND AUTHORIZED THE CHAIRMAN TD SIGN.
8. Notice of Completion -- Reconstruction of Anita Road and
Wilson Landing Road, Project No. 60135E-85-i - all work on
the project has been completed in accordance with the plans
and specifications. ACCEPTED PROJECT AND AUTHORIZED FILING
OF NOTICE OF COMPLETION.
9. Senate Bill 969 (Robbins} - public liability. SUPPORTED
LEGISLATION AND AUTHORIZED LETTERS TO LEGISLATIVE
REPRESENTATIVES.
10. Final Report of the 1984-85 Butte County Grand Jury. ACCEPTED
REPORT AND DIRECTED CHIEF ADMINISTRATIUE OFFICER TO SECURE
COMMEPdTS FROM COUNTY DEPARTMENTS RELATING TO GRAND JURY
RECOMMENDATIONS AND OBSERVATIONS.
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July 15, 1985
85-47~
(Cont'd} ll. Amendment to agreement - SCT Resource Management Corporation -
the amendment covers providing data processing services for
California county jurisdictions utilizing software applications
developed far use by the county with costs to be assumed
by outside counties. APPROVED AMENDMENT AND AUTHORIZED THE
CHAIRMAN TO SIGN.
12. Amendment No. 3 - Orovil7e Transporation Services - the
amendment continues the Oroville Express Taxi System until
June 198b at the present level of funding, with Butte County's
share of $73,317 from SB 325 local transportation funds.
APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
13. Amendment No. 4 - agreement for bus services - the amendment
continues the Oroviile Area Transit System until June 30,
1986 at the present level of funding, with Butte County's
share at $40,079 (~6~ of cost} and is from the SB 325 and
SS 620 local transportation funds. APPROVED AMENDMENT AND
AUTHORi7.ED THE CHAIRMAN TO SIGN.
14. UMTA Section 18 Agreement - Butte County Transit operating
expenses - a grant application in the amount of $45,628 has
been prepared to offset the operating costs of Butte County
Transit- and has been approved by the Urban ass Transportation
Administration. Funds will apply to F 84-85 operating
expenses. APPROVED AGREEMENT AND AUTHORIZED THE DIRECTOR
OF PUBLIC WORKS TO SIGN.
i5. County Medical Services Program - the standard contractual
agreement with the State Department of Health Services has
been prepared to continue the program for 1985-86. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN, SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR.
16. 1984-85 Mental Health P7 an, Part B - the plan has been prepared
and reviewed by the Mental Health Advisory Board. APPROVED
PLAN; ADOPTED RESOLUTION 85-114(A) AND AUTHORIZED THE CHAIRMAN
TO SIGN, TOGETHER WITH ASSURANCES FORM ENCLOSED WITHIN THE
PLAN.
17. Annual inspection of Juvenile Ha11 facilities - the Health
Officer forwards a copy of the report on the annual inspection
of the Butte County Juvenile Hall, including recommendations.
ACCEPTED FOR INFORMATION AND REFERRED TO CHIEF ADMINISTRATIVE
OFFICER AND PROBATION OFFICER TO REVIEW RECOMMENDATIONS AS
PART OF THE BUDGETARY PROCESS.
78. Ordinance regulating off-street parking on county owned or
county operated property. WAIVED FIRST READING OF THE
ORDINANCE.
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July 16, 1985
85-474
(Cont`d} T9. Communications.
a. Mark Radabaugh, Chico--writes supporting Supervisor Dolan's
efforts in coordinating the Chapmantown clean-up effort.
ACCEPTED FOR INFORMATION.
b. Butte County Farm Bureau - writes supporting continued
funding for the Farm Advisor's budget. ACCEPTED FOR
INFORMATION.
c. Butte County Clerk - letters of support far County Clerk
operations have been received from Judges of the Superior
Court, Butte County Bar Association, Roy McKernan and
George Robison. ACCEPTED FOR INFORMATION.
d. Butte County Library - letters of support far library
operations have been received from Jean Burleson,
Florence Palmer, Anna Dove, Jane R. Dodge and
Horace J. Dodge, M.D. ACCEPTED FOR INFORMATION.
e. Heinz lJ.S.A. - the firm writes in support of the activities
of the Butte County Economic Development Corporation in
providing assistance and plant relocation. ACCEPTED FOR
INFORMATION.
f. Butte County Association of Cities - writes supporting
Private Industry Council funding to the Butte County Economic
Development Corporation. ACCEPTED FOR INFORMATION AND REFERRED
TO ~3ULY 18 MEETING.
g. John L. Luvaas, Jr., attorney at law - writes concerning
the Bidwell Heights Specific Plan fire and bond requirement.
REFERRED TO COUNTY COUNSEL, PLANNING DIRECTOR AND FIRE WARDEN
FORA REPORT AND RECOMMENDATION.
h. William H. Bober, TTI, attorney at law - writes forwarding
information concerning the process followed leading toward
formation of the Rock Creek Reclamation District. ACCEPTED
FOR INFORMATION AND HELD IN ABEYANCE PENDING REPORT FROM
LOCAL AGENCY FORMATION COMMISSION.
i. California-Oregon Transmission Project - writes concerning
planned alternative workshops scheduled in the Northern
California area. ACCEPTED FOR INFORMATION.
j. Governor's Uffice of Emergency Services - forwards
information regarding the emergency loan program to assist
ranchers and farmers that lost cattle as a result of the
heavy snow on March 25, 1985. ACCEPTED FOR INFORMATION AND
FORWARDED TO FARM BUREAU AND BUTTE COUNTY CATTLEMEN`S
ASSOCIATION.
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duly 16, 1985
85- 474
(Cont'd) k. State Department of Forestry - William C. Teie, ranger
in charge/county fire warden, sends notification on the status
of the Fair Labor Standards Act as it applies to the
department. ACCEPTED FOR INFORMATION.
T. State Department of Water Resources - forwards the
statement of casts for watermaster service in the Butte Creek
service area for T985-86. ACCEPTED FOR INFORMATION AND
REFERRED TO AUDITOR-CONTROLLER FOR PROCESSING.
m. Community Living Centers, Chico - writes requesting the
waiver of fees totaling $419 fora use permit for the operation
of a public/quasi-public project in a multi-family residential
area in Chico to operate programs serving the needs of
individuals with mental disorders and developmental special
needs. REFERRED TO CHIEF ADMINISTRATIVE OFFICER TO CONSULT
WITH THE DEPARTMENT OF SOCIAL WELFARE AND MENTAL HEALTH TO
FORMULATE REPORT AND RECOMMENDATION.
Motion: APPROVED CONSENT AGENDA WITH DELETIONS AND AMENDMENTS.
M S
Vote: T Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Regular Agenda
85-475 Community Development Black Grant audit - proposals have been
(728) solicited for the conduct of the county's Community Development
Block Grant audit of programs for the period July 1, 1982 through
June 30, 1985. (HELD UNTIL LATER IN THE MEETING.)
85-476 Report from Planning Director on the Tyme Maidu Tribe - Berry
Creek Rancheria proposed acquisition of 234 acres of BLM land
near Berry Creek. (REQUESTED PLANNING DEPARTMENT TO OUTLINE
HER CONCERNS AND DETERMINE WHAT RESTRICTIONS WILL BE PLACED ON
THE LAND BY THE BUREAU OF INDIAN AFFAIRS, AND MAKE RECOMMENDATION
TO THE BOARD.)
85-477 State Department of Fish and Game Deer Herd Study in Butte
(254) County - document casts. (COPIES OF STUDY TO BE PROVIDED TO
BOARD MEMBERS AND TO FISH AND GAME COMMISSION. STATUS REPORT
OF STUDY TO BE PROVIDED TO BOARD BY ADMINISTRATIVE OFFICE.)
85-478 State Department of Water Resources - sends notification of 7986
State Water Project charges totaling $18,745. {REFERRED TO THE
WATER COMMISSION AND TO AUDITOR-CONTROLLER FOR PROCESSING.)
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July 16, 1985
85-479 State Department of Water Resources - forwards certification
of amounts required for the cost of operation and maintanance
of Maintenance Area No. 5 {Zones 1, 2, and 5), Maintenance Area
No. 7 (Zones '~, 2 and 3), Maintenance Area No_ 13 (Zones 1,
2 and 3) and Maintenance Area No. 15 (Zones 1, 2 and 3). (ACCEPTED
FOR INFORMATION AND REFERRED TO AUDITOR-CONTROLLER FOR PROCESSING.)
85-480 Report from Supervisor Dolan an Chapmantown clean-up project.
(362} (CONTINUED UNTIL LATER IN THE MEETING.)
85-481 Report from County Fire Warden on fire insurance rates for Butte
(379} Caunty. (REPORT ACCEPTED. NO ACTION TAKEN.}
85-482 Report from Budget Committee on special district augmentation
(6T 0} fund allocation for 1985-86 (from 7/2/85}.
Motion: IP4PLENENTED RECOMMENDATION N0. 1 FOR THE COUNTY TO RECEIVE
$700,000 AND SPECIAL DISTRICTS ASSOCIATION $500,000,
BUT NOT TO GUARANTEE A FUNDING BASE. INCLUDED IS THE
MODIFIED RECOMMENDATION OF THE SPECIAL DISTRICTS INCLUDING
REDISTRIBUTION OF MONEY TO PROVIDE $5500 FOR MAINTENANCE
AREA 200.
S M
Vote: 1 Y 2 Y 3 AB 4 N 5 Y (Nation carried}
85-483 Report from Supervisor Dolan on Chapmantown clean-up project.
(7333) (REPORT ACCEPTED. NO ACTION TAKEN.}
85-484 Consideration of Butte Caunty Crime Resistance Program (second
(1669} year funding) in the amount of $54,398 (state, $43,518 and local
match, $10,880) covering the period July 1, 1985 through June 30,
7986 as requested by the Sheriff,
Motion: ADOPTED RESOLUTION 85-115 APPROVING GRANT.
S M
Vote: T Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
8 5 485 Report by consultant on the Central Chico Redevelopment Agency
(2345} Project.
Motion: ADOPTED MR. BURNS' REPORT.
S M
Vote: T Y 2 Y 3 RB 4 Y 5 Y (Motion carried}
** Matian: AUTHORIZED LETTER OF PROTEST TO BE SENT TO CHICO CITY
00 COUNCIL AND AUTHORIZED THE CHAIRMAN TO SIGN.
M S
Vote: T Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
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July l6, 3985
Pu67ic Hearin and Timed Items
85-486 Jim Crane - proposed negative declaration and rezone from N-C
{233) (neighborhood commercial), TM-5 (timber mountain - 5 acre parcels}
and R-T (single family residential) to C-C (community commercial)
property located on various parcels on the northwest side of
State Highway 32, on both sides of Nopel Drive, identified as
AP 63-1T-19, 63-14-16, 63-T5-23 and 24, Forest Ranch. (CONTINUED
OPEN UNTIL AUGUST b, T985 AT 11:00 A.M.}
Closed Session: The Board recessed at 10:41 a.m. for a closed
session on potential litigation and the jail
lawsuit.
Reconvene: The Board reconvened at 71:40 a.m. (SEE FOLLOWING
MINUTE ORDER.)
85-487 Report on closed session.
{280)
Motion: RETAINED THE LAW FIRM OF HYDE, MILLER AND SAVAGE FOR
THE PURP05E OF FILING A LAWSUIT TO STOP THE PROPOSED
CENTRAL CHICO REDEVELOPMENT PROJECT.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Public Hearings. and Timed Items
85-488 Consideration of formation of County Service Area 94, Pleasant
(392) Valley Subdivision (sewer and street lighting maintenance}.
Motion: ADOPTED RESOLUTION 85-116 FORMING CSA 94.
S M
Vote: T Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-489 NorthStar Engineering - on behalf of Mark Merlo, appeal of the
Planning Commission's denial of a use permit {item categorically
exempt from environmental review} to allow the segregation of
a one-acre homesite on property zoned A-10 (agricultural TO acre
parcels), property located 7,050 feet east of Lone Pine Avenue
between Little Chico Creels and Edgar Slough, identified as
AP 39-09-T 2, Chico. (CONTINUED UNTIL AUGUST 6, l9$5 AT T1:30 A.M.)
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July 16, T985
$5-490 Determination of public necessity, health, safety or welfare
{612} far the formation of an underground utility district on the
Esplanade, Chico.
Motion: ADOPTED RESOLUTION 85-117 ESTABLISHING THE DISTRICT.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y {Motion carried}
Regular Agenda
85-491 Report from Public Works Director an bid opening - Ord Ferry
(983) Road Bridge and Angel Slough, Bridge Replacement Project
No. BRRS-V460(1).
Motion: AWARDED SID TO LOW BIDDER, HERTEL CONSTRUCTIOri1 COMPANY.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Recess: 12:10 p.m.
Reconvene: .1:50 p.m.
Public Hearings and Timed Items
85-492 Claudia and L. Clark Yollintine - appeal of the Planning
(1145) Commission`s denial of a variance to side yard setback {item
determined to be categorically exempt from environmental review)
to allow an existing barn five feet from the property Tine (10 feet
required) on property zoned FR-10 (foothill recreational - TO acre
parcels), property Tocated at the end of Dawn Terrace Road,
approximately 800 feet south of Crest Drive, approximately l/4 mile
west of Highway 70, identified as AP 58-26-08, Yankee Hi ll area.
{CONTINUED UNTIL AUGUST 20, 1985 AT 10:30 A.M..}
85-493 Recognition of persons wishing to speak:
(1777)
1. Mara Wiley - support for libraries.
2. Audrey Taylor - status of Economic Development District
formation.
3. 61 en Halsey - support far veterans organizations.
4. Larry Leach, Assessor - report an secured and unsecured
assessment roll.
Page 75
duly 16, 1985
Regular A
t35--494 Cliff Johnsen - permit to allow a privately-owned, private-use
(1976} airport consisting of a 7600 foot grass runway on property located
on the south side of Marybill Ranch Road, approximately 3/4 mile
east of the Midway, identified as AP 40-02-135, south of Chico.
Motion: FOUND THAT THE AIRPORT DOES MEET THE ZONING IN THE GENERAL
PLAN REQUIREMENTS AND APPROVED THE CONSTRUCTION OF A
PRIVATE AIRPORT IN THIS LOCATION.
5 M
Vote: 7 2 3 4 5
Amended Motion: REVIEWED THE PLANS FOR THIS RIRPORT AND THAT
UNDER THE BUTTE COUNTY GENERAL PLAN THIS IS
AN APPROVED USE.
S M
Vote: l Y 2 Y 3 AS 4 N 5 Y (Motion carried}
85-495 State Department of Fish and Game Deer Herd Study in Butte County.
Motion: ESTABLISHED FEE OF $6.00 FOR SALE OF THE DOCFJMENT TO
THE PUBLIC.
M S
Vote: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-496 Community Development Block Grant audit - proposals have been
solicited far the conduct of the county's Community Development
Block Grant audit of programs for the period July T, 1982 through
June 30, 1985.
Motion: ACCEPTED THE PROPOSAL OF I~IATSON AND ISOM ACCOUNTANCY
CORPORATION TO PERFORM THE WORK AT A COST NOT TO EXCEED
$6,850.
M S
Vote: 7 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Recess: The Board recessed at 2:27 p.m. as a Board of Supervisors
to sit as the Air Pollution Control District Board of
Directors.
Reconvene: The Board reconvened at 2:29 p.m. as a Board of
Supervisors.
Page 76
July 16, 1955
85-497 Additional items from Board members:
7. Supervisor McInturf wanted a letter to be sent to the Regional
Water Control Board requesting that the hearing be held in Orovil7e
when they hear the Palermo groundwater problem.
Motion: APPROVED LETTER AND AUTHORIZED CHAIRMAN TO SIGN.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
2. Supervisor McInturf wanted to make an appointment to fill
the unexpired term of Liz Dahlmeier on the Arts Commission.
Motion: APPOINTED ROBERT F. RAGE.
M S
Vote: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
3. Supervisor Dolan made appointments.
Motion: APPOINTED VITO QUATRARO TO FISH ANI} GAME COMMISSION;
FRED JACKSON TO THE SURFACE MINING AGGREGATE OPERATIONS
COMMITTEE; AND JANE DOLAN TO THE SMALL BUSINESS RURAL
ASSISTANCE CENTER.
S M
Vote: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Closed session: The Board recessed at 2:37 p.m. for a closed
session on the Steve McMullin and James Lancaster
Workers' Compensation cases.
Reconvene: The Board reconvened at 3:55 p.m. (NO ANNOUNCEMENTS).
Recess: There being nothing further before the Board at this
time the meeting was recessed at 3:59 p.m. to reconvene
on July 78, 7985 at 1:00 p.m.
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July 16, 7985