HomeMy WebLinkAboutM100185October l , 1985
Call to order - Board of Supervisors room, county Administration
Building, 25 County Center Drive, Oroville.
Pledge of allegiance to the Flag of the United States of America.
Present: Supervisors Dolan, Mclnturf, McLaughlin, Wheeler and
Chairman Fulton; Martin ~. Nichols, chief administrative officer;
Del Siemsen, county counsel; and Rubye Townsley, deputy clerk of
the Board.
85-b03 Additional items from Board members to be addressed at the end
of the day. '
1. Supervisor Wheeler - report on toxic well.
2. Supervisor McLaughlin - noise levels at Silver Dollar Fair.
85-604 Items amended, added to, or removed from the Consent Agenda:
1. First Offender Drinking Driver Program - a proposal has been
received from the Parent Education Program, Inc., requesting
certification as a first offender program. The Alcohol Advisory
Board requests the Board adopt minimum criteria far the program
and certify Parent Education Program, Inc., effective October 1,
7985. (ADDED TO CONSENT AGENDA.)
2. Industrial Development bond transfer allocation - the City
of Chico requests, and the Industrial Development Authority
recommends, the transfer of private activity bonds from the
county's 75% allocation amounting to $2,456,000 for a skilled
nursing care facility in Chico. (ALLOCATION AMOUNT AMENDED
TO $4,000,000.}
3. Jail Consent Decree improvements - a contract has been prepared
with Schirmer Engineering to provide design work for smoke
detection system, smoke evacuation system, one--way paging system,
two-way intercom, audio monitoring system, video monitoring,
visitor phones, door monitoring and control systems. The
contract is in an amount not to exceed $25,800 and funding
is available in the Consent Decree bud et under current
appropriations. (REMOVED FROM CONSENT AGENDA.
Page 143
October 1, 7985
85-604
(Cont'd) 4. Award of bid - Sheriff's Administration roof - bids have been
opened for reroofing of the Administration portion of the
Sheriff's Office, with the low bidder being Hester Roofing
of Sacramento in the amount of $55,783. (REMOVED FROM CONSENT
AGENDA.)
Adjusting and investigating service contract - an agreement
has been prepared with George Hills Company, Inc., to provide
services to the risk management program on an as-needed basis
which wi11 cover the period July 1, 1985, through June 30,
1986, on a payment-for-service basis. {REMOVED FROM CONSENT
AGENDA.}
6. Paradise Pines Property Owners' Association - writes concerning
the association's inability to obtain a fire permit. (REMOVED
FROM CONSENT AGENDA.}
85-605 Consent Agenda
1. Approval of minutes. APPROVED MINUTES OF SEPTEMBER 17, 1985.
2. Budget transfers. APPROVED BUDGET TRANSFERS B-23, B-27, B~30,
B-33, B-34, B-35 AND B-36.
3 Certificate of appreciation - Neil Lind. AUTHORIZED CHAIRMAN
TO SIGN CERTIFICATE OF APPRECIATION.
4. Resolution proclaiming October as National Crime Prevention
Month. ADOPTED RE50LUTION 85-152 AND AUTHORIZED THE CHAIRMAN
TO SIGN.
5. Virginia Woif, et al - appeals the Advisory Agency's Condition
No. 2 on tentative parcel map, AP 42-15-08, two parcels, property
located on the south side of Sacramento Avenue, approximately
250 feet west of its intersection with Westmount Drive, Chico
area. RESET HEARING DATE FOR OCTOBER T5, T985, AT 11:45 A.M.,
AS PARCEL MAP APPEALS MUST BE HEARD WITHIN THIRTY DAYS.
6. Renaming of public road - a resolution has been prepared to
set a hearing date on renaming of Second Street (School Street
to end) to Neighbor Street as requested by residents in the
area. ADOPTED RESOLUTION 85-153 SETTING NEARING DATE FOR
NOVEMBER 5, 1985, AT 10:30 R.M.
Page 744
October 1, 1985
85-605
{Cont'd)
7. Butte County Planning Commission - proposed negative declar-
ation regarding environmental impact, General Plan amendment
from high density residential to commercial and rezone from
R-4 (maximum density residential restricted service) and S-R
(suburban residential) to either C-1 (light commercial), C-2
{general commercial}, C-C (community commercial), N-C
(neighborhood commercial} or H-C (highway commercial) for
property having frontage on East Avenue located east of Cohasset
road and west of Ceres Avenue, Chico (File 84-7O B&D). SET
HEARING DATE FOR OCTOBER 15, 1985 AT 2:00 P.M.
8. Steven D. Lane Construction, Inc. - abandonment of three-foot
public utility easement, Lot 126, Big Chico Creek Estates Unit
No. 4, AP 42-47-43. ADOPTED RESOLUTION 85-154 SETTING HEARING
DATE FOR NOVEMBER 5, 1985, AT 10:30 A.M.
9. Guy Rents, Inc., et al - proposed negative declaration and
rezone from C-1 (light commercial) to M-1 (light industrial)
for property located at the southeast corner of W. 8th Rvenue
and Highway 32, identified as AP 43-19-07, Chico (File 85-58).
SET HEARING DATE FOR NOVEMBER 5, 1985 AT 10:30 A.M.
l0. Butte County Planning Gommission - prc
ation and rezone from A-2 (general) to
the industrial General Plan designation
industrial), M-1 (light industrial), and
in the south Chico area (File 86-2).
NOVEMBER 5, 1985 AT 11:00 A.M.
posed negative declar-
zoning compatible with
including L-I (limited
M-2 (heavy industrial)
SET HEARING DATE FOR
1T. Lippincott-Guth Associates - on behalf of William Reynolds,
appeal the Planning Commission's denial of rezone {proposed
negative declaration regarding environmental impact) from TM-5
(timber mountain - five acre parcels} to TM-2 {timber mountain
- two acre parcels} far property located 475 feet east of
Cohasset Road approximately 2,000 feet south of Vilas Road,
identified as AP 56-17-12, Cohasset. SET HEARING DATE FOR
NOVEMBER 5, 1985 AT 11:30 A.M.
12. NorthStar Engineering - on behalf of Robert C. Nichols, appeals
the Advisory Agency's denial of tentative parcel map (proposed
mitigated negative declaration regarding environmental impact),
AP 42-34-26, four parcels, property located on the north side
of the intersection of Guynn Avenue and Bell Road, Chico area.
SET HEARING DATE FOR OCTOBER 15, 1985, AT 2:30 P.M.
13. NorthStar Engineering - on behalf of Robert K. Brown, appeals
the Advisory Agency's denial of tentative parcel map (proposed
mitigated negative declaration regarding environmental impact),
AP 42-01-35, four parcels, property located on the north side
of the intersection of Muir Rvenue and Bell Road, Chico area.
SET HEARING DATE FOR OCTOBER 15, 1985, AT 2:45 P.M.
Page 145
October 1, 1985
85-b05
{Cont'd)
T4. Appointments to County Service Area 37 Advisory Committee.
APPOINTED RL GOONEY, BIGGS-GRIDLEY MEMORIAL HOSPITAL;
WARREN L. PARKER, CITY OF BIGGS; RND DORIS LONG, CITY OF GRIDLEY.
15. Drug Suppression Program - donations have been received from
Orovil7e Union High School District, $1,500; Thermalito Union
School District, $1,035; and Concerned Citizens for Education,
$4,000 to fund the grant-matching requirements for the Student
Drug Abuse Suppression Program. ACCEPTED DONATIONS AND
AUTHORIZED LETTERS OF APPRECIATION.
76. Butte County Library donation - in accordance with Government
Code §25355, a donation of $405 has been received from Chico
Friends of the Library, and a donation of $100 from Gene Grant,
California Water Service Company, for the purchase of books.
ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION.
17. William Reynolds - denied proposed negative declaration and
rezone from TM-5 (timber mountain - 5 acre parcels) to TM-2
(timber mountain - 2 acre parcels) for property located 415 feet
east of Cohasset Road, approximately 2000 feet south of Vilas
Road, identified as AP 56-77-12, Cohasset. ACCEPTED REPORT.
18. David H. Rush, attorney at law - on behalf of the City of Chico,
files a claim for indemnity and contribution in the matter
Sprague, et al, vs Drake, et al (Butte County Superior Court
Case No. 79585}. REJECTED CLAIM AND REFERRED TO LEGAL COUNSEL
AND RISK MANAGEMENT.
T9. Michael O'Neill - files claim in the amount of $15,000 as a
result of alleged injuries and damages incurred on or about
August 23, T985, as a result of his incarceration. DENIED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
20. Robert E. Davies, attorney at law - on behalf of Oroville
Aviation, Inc., files a claim for indemnification and
contribution as a result of litigation entitled Jacqueline Thomas
vs Air Sports International, Inc., et aT (Butte County Superior
Court Case No. 87T49). DENIED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
21. Dane A. Cameron, attorney at law - on behalf of Bobby Mills,
fires a claim in the amount of $1,250,000 as a result of a7Teged
personal injuries, violation of civil rights, assault and battery
and excessive use of force with occurrences an or about June T7,
1985, involving the Sheriff's Department. DENIED CLAIM AND
REFERRED TO COUNTY COUNSEL RND RISK MANAGEMENT.
22. Larry L. Baumbach, attorney at law - on behalf of Tamara Lee,
by and through her guardian Sharon Lee, fires application for
leave to present late claim as a result of alleged damages
occurring on or about August 31, 1984. REJECTED APPLICATION
TO FILE A LATE CLAIM AS THE CLAIM IS FILED IN EXCESS OF ONE
YEAR FROM DATE OF INJURY.
Page T46
October 1, T985
85-605
CCont'd}
23. Emergency repairs - Sheriff's Chico Substation - bids have
been received to make emergency repairs to the substation in
accordance with §20134 of the Public Contracts Code as authorized
by the Board of Supervisors. AWARDED CONTRACT FOR REPAIR TO
KRUSEMARK CONSTRUCTION OF CHICO IN THE AMOUNT OF $72,856 AND
AUTHORIZED PURCHASING OFFICER TO SIGN THE CONTRACT.
24. Ordinance amending §24-29 of the Butte County Code relating
to appeals from the Planning Commission and appeal fees. WAIVED
SECOND READING AND ADOPTED ORDINANCE 2489.
25. Ordinance amending §19-5 of the Butte County Code relating
to sewage disposal. WAIVED SECOND READING AND ADOPTED
ORDINANCE 2490.
26. Ordinance amending Chapter 18A of the Butte County Code relating
to Public Health permits for the food establishment inspection
program. WAIVED SECOND READING AND ADOPTED ORDINANCE 2491.
27. Resolution establishing appeal and publishing fees for Chapter
24 of the Butte County Code and amending resolution. ADOPTED
RESOLUTION 85-155 IMPOSING FEES TO BE EFFECTIVE ON THE DATE
OF ORDINANCE 2484, AND AUTHORIZED THE CHAIRMAN TO SIGN.
28. County Service Area 82 loan - a resolution has been prepared
providing for a loan of $3,500 from the county service area
loan revolving fund to CSA 82 {Stirling City Sewer District}
to be repaid in accordance with law. Budget transfers 8-27
has been prepared to facilitate the appropriation. ADOPTED
RESOLUTION 85-156 AND AUTHORIZED THE CHAIRMAN TO SIGN.
29. 7985 Community Development Bloc[c Grant Program - a grant
agreement has been prepared with the State Department of Housing
and Community Development in the amount of $283,872 for housing
rehabilitation activities. APPROVED GRANT AGREEMENT, AUTHORIZED
THE CHAIRMAN TO SIGN AND ADOPTED RESOLUTION 85-157 APPROVING
AND AUTHORIZING THE BLOCK GRANT AGREEMENT FOR CHAPMANTOWN.
30. Catalyst: Women's Advocates, Inc., Domestic Violence Program -
Amendment No. 5 has been prepared to the agreement with Catalyst
to continue services from July 1, 7985, through June 30, 1986.
APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO
SIGN.
31. 1984-85 Alcohol Plan and Budget - because of a change of
procedure it is necessary to submit the 1984-85 Final Alcohol
PTan and budget, together with certification and assurances,
for Board approval. The Alcohol Advisory Board has approved
the plan and budget. APPROVED ALCOWOL PLAN AND BUDGET AND
CERTIFICATION AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 147
October 1, 1985
85-605
(Cont'd) 32. Contract Amendment No. l - Eleanor Zahnd - the contract amendment
for Child Protective Services individual counseling increases
the limit of the contract from $9,950 to $10,000. APPROVED
CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
33. Child Protective Service agreements - agreements have been
prepared to provide for counseling and/or evaluation necessary
in providing protection for children at risk, each being in
the amount of $9,950: Randy Haapanen, Jim Voss, Michael Hitchko,
Betty Janiak, Alfred French, Anne Giel, and Suzanne Henrion.
APPROVED AGREEMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
34. Psychiatric inpatient care contract - Modoc County - the contract
covers extending services to residents of Modoc County in the
Butte county Mental Health Treatment Facility for the period
July T, 7985 through June 30, 1986, in an estimated maximum
amount of $5,000. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
35. Student Drug Abuse Suppression Program - an application has
been prepared to the State of California for operation of the
Student Drug Abuse Suppression Program in 7985-86 totaling
$fi8,786, with the local share being $13,757 being provided
through local donations. ADOPTED RESOLUTION 85-158 APPROVING
THE PROGRAM, GRANT APPLICATION, AND AUTHORIZEp THE CHAIRMAN
TO SIGN.
36. Penalty abatement requests -- change of ownership reports.
APPROVED REQUESTS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER
AS FOLLOWS: MR. & MRS. FORREST YOUNG, AP 066-37-0-029-0, 031-0,
032-0; MR. & MRS. MICHAEL WESTLAKE, AP 063-OT-0-121-0;
MR. & MRS. JOHN T. WELSH, SR., AP 005-28-3-004-0; MR. & MRS.
DENNIS WEBBER-SMITH, AP 027-10-0-028-0; ROBERT J. RAMSEY, JR.,
AP 052-38-0-OTO-O; NANCY W. SCHLFIGER, AP 040-16-0-062-0;
MR. & MRS. JUAN MORALES, AP 005-18-2-004-0; JAMES McINNIS
& JOHN CUSEO, AP 064-04-0-003-0; JOSE FRANCISCO IZAGUiRRE,
AP 021-08-0-015-0; MR. & MRS. DONALD HAVES, AP 006-2T-0-024-0;
NEDRA DUBACH, AP 062-23-0-007-0; MR. & MRS. LESLIE DOLL,
AP 043-TO-2-017-0, SERIAL NOS. 85-5043, 44, 45, AND 46;
EARLE TOWN, RP 055-19-0-047-0; MR. & MRS. RICH WHIGHAM,
AP 028-35-0-049-0; AND MR. & MRS. KEVIN JONES, AP 035-72-3-005-0.
37. Report from Chief Administrative Officer regarding self-insurance
excess insurance. ACCEPTED REPORT FOR INFORMATION.
38. Dissolution of County Service Area No. 43 (Palermo Sewer) -
a resolution has been prepared making application to the Local
Agency Formation Commission to dissolve the service area which
has been inactive far se.veraT years. ADOPTED RESOLUTION 85-159
AND AUTHORIZED THE CHAIRMAN TO SIGN.
39. JTPA Request for Proposal - the Private Industry Council has
approved a Request for Proposal to provide economic development
activities through JTPA employment generating funds. AUTHORIZED
I5SUANCE OF RFP.
Page T 48
October T, 7985
85-605
(Cont`d} 40. Support for HR 3729 - Bruce Nestande, Chairman, California
Transportation Commission, has requested support from local
agencies for HR 3129. AUTHORIZED LETTERS TO CONGRESSIONAL
REPRESENTATIVES SUPPORTING LEGISLATION.
41. Industrial Development band transfer allocation - the City
of Chico requests, and the Industrial Development Authority
recommends, the transfer of private activity bonds from the
county's 15% allocation amounting to $4,000,000 for a skilled
nursing care facility in Chico. APPROVED THE TRANSFER OF PRIVATE
ACTIVITY BONDS.
42. First Offender Drinking Driver Program - a proposal has been
received from the Parent Education Program, Inc., requesting
certification as a first offender program. The Alcohol Advisory
Board requests the Board adopt minimum criteria for the program
and certify Parent Education Program, Inc., effective October 1,
1985. ADOPTED CRITERIA AND CERTIFIED PARENT EDUCATION PROGRAM,
INC.
43. Communications.
a. Cussick Area Neighborhood Council - writes urging the City
of Chico and county to continue discussions of property, sales
and other tax revenues in a cooperative manner. ACCEPTED FOR
INFORMATION.
b. Robert H. Bremer, Oroville - writes offering suggestions
concerning the financial crisis faced by the county. ACCEPTED
FOR INFORMATION AND REFERRED TO FINANCIAL STABILITY COMMISSION.
c, Community Action Agency of Butte County - Jackie Faris-Rees,
chair, Community Action Board, forwards a response to referral
concerning the Butte County Branch, NAACP, regarding
representation of the poor. ACCEPTED FOR INFORMATION AND
AUTHORIZE LETTER TO NAACP.
Motion: APPROVED CONSENT AGENDA
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
85-606 Jaii Consent Decree improvements - a contract has been prepared
with Schirmer Engineering to provide design work for smoke detection
system, smoke evacuation system, one-way paging system, two-way
intercom, audio monitoring system, video monitoring, visitor phones,
door monitorin and control systems. The contract is in an amount
not to exceed25,800 and funding is available in the Consent Decree
budget under current appropriations. (CONTINUED TO LATER IN THE
MEETING. SEE MINUTE ORDER 85-608.)
Page 149
October 7, 1985
85-607 Award of bid - Sheriff's Administration roof - bids have been opened
for reroofing of the Administration portion of the Sheriff's Office,
with the low bidder being Hester Roofing of Sacramento in the amount
of $55,783.
Motion: AWARDED BID.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-608 Jail Consent Decree improvements _ a contract has been prepared
with Schirmer Engineering to provide design work for smoke detection
system, smoke evacuation system, one-way paging system, two-way
intercom, audio monitoring system, video monitoring, visitor phones,
door monitorin and control systems. The contract is in an amount
not to exceed 25,800 and funding is available in the Consent Decree
budget under current appropriations.
Motion: APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-609 Adjusting and investigating service contract - an agreement has
been prepared with George Hills Company, Inc., to provide services
to the risk management .program on an as-needed basis which wi17
cover the period July 1, 1985, through June 30, 7986, on a
payment-for--service basis. (CONTINUED TO OCTOBER 75, 1985.}
85-610 Paradise Pines Property Owners' Association - writes concerning
the association's inability to obtain a fire permit.
Motion: ACKOWLEDGED LETTER; ACCEPTED REPORT OF AIR POLLUTION CONTROL
DISTRICT WITH SUGGESTIONS TO RE50LVE THE ISSUE; DIRECTED
THAT A COPY OF REPORT BE SENT TO PARADISE PINES PROPERTY
OWNERS ASSOCIATION, INC.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-611 Additional Item:
Presentation by California Medical Association representatives
on the accreditation of the Butte County Jail. {PRESENTATION MARE
TO SHERIFF BROOKS BY DR. KAREN TAIT.}
Closed Session: The Board recessed at 9:17 a.m. for a closed session
on the jail lawsuit.
Reconvene: The Board reconvened at 9:40 a.m. (NO ANNOUNCEMENTS.)
Page 150
October 1, 1985
Regular Agenda
85-612 Report of Alcohol Advisory Board concerning Solway funding
recommendations (from 8/20/85).
Motion: AUTHORIZED FUNDING FOR SOLWAY CONTRACT BE CONTINUED ONE
MONTH OR UNTIL REPORT COMES FORWARD.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-613 Presentation of Certificate of Appreciation to Heil Lind.
(PRESENTATION MADE BY SUPERVISOR McINTURF.)
85-614 Report from County Counsel concerning the legal description of
tax-deeded property of Joe and Cindy 5chons (from 9/17/85}. (NO
ACTION TAKEN.)
85-615 Report from Chief Administrative Officer an County Counsel
reorganization study.
Motion: ACCEPTED RECOMMENDATIONS OF ADMINISTRATIVE STAFF IN MEMO
TO BOARD DATED SEPTEMBER 25, 1985, PAGE T1, ITEMS 1 - 7.
S N
Vote: 1 N 2 Y 3 Y
Recess: 10:32 a.m.
Reconvene: 10:50 a.m.
4 N 5 Y (Nation carried}
Public ~[earings and Timed Items
85-616 i. Butte County Planning Commission - hearing far the purpose
of developing land use planning policies for the Cohasset/Forest
Ranch Planning Area Committee. Hearing is to be based upon
the report prepared by the Cohasset/Forest Ranch Planning Area
Committee on the following: fire protection, transportation
and circulation (from 6/4/85).
2. Continued hearing -
for the purpose of
the Cohasset/Forest
is to be based upon
Ranch Planning Area
constraints (from 9/~'~
Butte County Planning Commission hearing
developing land use planning policies for
Ranch Planning Area Committee. Hearing
the report prepared by the Cohasset/Forest
Committee on the following: environmental
',7/85) .
{BOTH HEARINGS CONTINUED TO OCTOBER 15, 1985, AT 10:30 A.M.}
Page 15T
October 1, 1985
85-6T7 George Havel - appeal of the requirement far an environmental- impact
report for a rezone from TM-5 {timber mountain - 5 acre parcels)
to TM-2 1/2 (timber mountain - 2-1/2 acre parcels) on property
located at the end of Nopel Avenue, 2200 feet north off Highway 32,
identified as AP 63-1T-03, Forest Ranch (85-52).
Motion: DENIED APPEAL WITHOUT PREJUDICE.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
85-618 Report from Chief Administrative Officer regarding reorganization
of Suite County lower courts.
Motion: IN KEEPING WITH BOARD'S POLICY ADOPTED IN THE LOWER COURT
TASK FORCE RECOMMENDATION, DIRECTED THAT A RESOLUTION
BE PREPARED REQUE5TING THE LEGISLATURE TO CREATE A SOUTH
COUNTY MUNICIPAL COURT DISTRICT WITH TWO JUDGES AND A
BRANCH OPERATION REQUIRED IN GRIDLEY AND FURTHER LEGISLATION
THAT WOULD NAME THE MUNICIPAL DISTRICT NORTH COUNTY, HAVE
TWO JUDGES AND A REQUIRED BRANCH OPERATION IN PARADISE;
THE SECOND JUDGE TO BE AUTHORIZED BY A SUB5EQUENT RESOLUTION
OF THE BOARD PENDING BOARD'S ANALYSIS OF ITS ABILITY TO
PROVIDE.
M S
Vote: i Y 2 Y 3 Y ~ Y 5 Y (Unanimously carried}
Public Hearings and Timed Items
85-6T9 Butte County Board of Supervisors - proposed negative declaration
and review of the 1985 Butte County Solid Waste Management Plan
revision. This plan presents updated information concerning
collection, disposal and processing of wastes; resource recovery;
plan implementation; solid waste management plan enforcement and
economic feasibility in Butte County (File 85-64).
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN CONSIDERED;
ADOPTED A NEGATIVE DECLARATION REGARDING THIS REPORT;
FURTHER FOUND THAT IT COMPLIES WITH THE GENERAL PLAN;
ADOPTED RESOLUTION 85-1b0 APPROVING THIS BUTTE COUNTY
SOLID WASTE MANAGEMENT PLAN, AMENDED TO INCLUDE APPENDIX "D"
WHICH WOULD STATE THE CHRRGE AND MEMBERSHIP OF THE SOLID
WASTE RECYCLING TASK FARCE.
M S
Uote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 152
October 1, 1985
Closed Session: The Board recessed at 12:43 p.m. for lunch and
a closed session regarding potential litigation -
Mental Health medical malpractice, Law Enforcement
Officers Association lunch hour lawsuit; personnel
matter; meet and confer; and litigation of Midway
Orchards.
Reconvene: The Board reconvened at 2:05 p.m. (SEE FOLLOWING MINUTE
ORDER.)
85-620 Report on closed session.
Motion: APPOINTED HARVEY WALLACE AS COUNTY COUNSEL, EFFECTIVE
OCTOBER 70, 7985, AT THE TOP STEP.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-521 Presentation of Resolution 85-1~1 declaring National 4-H Week.
(CHAIRMAN FULTON PRESENTED THE RESOLUTION TO 4-H MEMBER
SHAUNA LAFORCE.)
Public Hearings and Timed Items
85-622 Recognition of persons wishing to speak.
1. Richard Roth - requested the formation of a Resource Canser~ation
District.
2. Sheriff Brooks - {1) requested the Board to approve grant
application for search and rescue amphibious unit at the next Board
meeting; (2} requested advance of $17,000 - $25,000 for Drug
Suppression Program pending approval of grant; {3) questions
regarding funding for Narcotics Task Force.
Motion: APPROVED ADVANCE OF FUNDS FOR DRUG SUPPRESSION PROGRAM
. TO BE REIMBURSED WHEN GRANT IS RECEIVED.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
3. James Hansen - commented on the settlement of the Mattly slander
suit.
4. Nell Lind - asked questions regarding action on reorganization
of County Counsel's Office.
page 7 53
October 1, 7985
85-623 Eugene B. Even - proposed negative declaration regarding
environmental impact, General Plan amendment from public to
agricultural residential on 35 acres and rezone from P-Q (public -
quasi-public} and TM-20 (timber mountain - 20 acre parcels} to
TM-5 (timber mountain - 5 acre parcels} for property located on
both sides of Coutolenc Road, 2-1/2 miles north of Magalia.
(SUPERVISOR McLAUGHLIN ABSENT AT THIS TIME.)
Motion: MADE MOTION OE INTENT TO APPROVE AS THE' PLANNING COMMISSION
DID PURSUANT TO MEMO FROM PLRNNING DATED SEPTEMBER 77,
1985.
5 M
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
(CONTINUED TO OCTOBER l5, 7985.}
(SUPERVISOR McLAUGHLIN PRESENT AT THIS TIME.)
85-624 Betty Simpson - proposed negative declaration regarding environmental
impact, General Plan amendment from grazing and open Tand to
agricultural residential, rezone from A-2 (general), S--H (scenic
highway), and PUD (planned unit development} to allow a 25-unit
residential development to PUD (planned unit development} to allow
a 54--unit residential development including approximately 10 acres
of sewage disposal facilities including a pond and wastewater
irrigation area, and consideration of tentative subdivision map
on property located on the west side of Pentz-Magalia Highway,
approximately one mile north of Messilla VaTTey Road, identified
as AP 47-03-115 and AP 41-47-93, south of Paradise {53-30B}.
Motion: MADE MOTION OF INTENT TO APPROVE, REFERRING TO SEPTEMBER 17,
T985, MEMO FROM PLRNNING TO THE BOARD OF SUPERVISORS.
M S
Vote: T Y 2 N 3 Y 4 N 5 Y (Motion carried}
Reel ar Agenda
$5-626 Report from Director of Public Works concerning SB 300
(transportation financing). (INFORMATION ONLY.)
85-627 Report to the Board by County Counsel concerning potential Tega1
remedies to redress possible antitrust violations by Plumas County
and others over Qro-riile-Quincy Highway. (ITEM HELD UNTIL
OCTOBER T5, 1985.)
Recess: 3:06 p.m.
Reconvene: 3:28 p.m.
Page 154
October 1, 1985
Closed Hearings
85-628 Closed hearing - Planning Commission - code amendment (item
determined to be categorically exempt from environmental review)
to modify side yard setback requirements for nonconforming
substandard lots in zones requiring large setbacks (81-31) (from
8/20/85}.
Motion: ADOPTED ORDINANCE 2492 AMENDING CODE.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda
85-629 Report from Chief Administrative Officer regarding legislation
(from 9/17/85). (NO ACTION TAKEN.)
85-630 Consideration of proposed Board of Supervisors comments to the
7984-85 final report of the Butte County Grand .fury.
Motion: ACCEPTED REPORT, CHANGING WORDING ON PAGE 33 AS FOLLOWS:
"PARTICIPATION AND PROMOTION OF THE STAY IN SCHOOL PROGRAM
FOR THE SHERIFF`S DEPARTMENT TS NOT WITHIN THE
JURISDICTIONAL REALM OF THE BOARD OF SUPERVISORS. GIVEN
ADEQUATE FINANCIAL RESOURCES TO PROVIDE FOR ALL NECESSARY
AND DESIRABLE COUNTY SERVICES, THE BOARD OF SUPERVISORS
WOULD BE WILLING TO PROVIDE ASSISTANCE TO THE SHERIFF'S
DEPARTMENT SHOULD HE CHOOSE TO PARTICIPATE IN THIS PROGRAM."
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85--631 Discussion of parcel map standards.
{SUPERVISOR WHEELER ABSENT AT THIS TIME.)
Motion: REFERRED TO PUBLIC WORKS DIRECTOR.
S M
Vote: 1 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
85-632 Additional items from Board members:
i. Supervisor McLaughlin reported on complaints regarding the
noise at the Silver Dollar Fair, especially on school nights.
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
Page 155
October T, 1985
$5-632
(Cont`d} (SUPERVISORS DOLAN AND McLAUGHLIN TO MEET WITH FAIR BOARD.}
2. Supervisor Wheeler reported on a toxic we71 in her distract.
(REPORTS ALSO GIVEN BY LYNN VANHART, ENVIRONMENTAL HEALTH DIRECTOR,
AND DR. CHESTER WARD, PUBLIC HEALTH DIRECTOR, WHO ARE TRACKING
THE PROBLEM.}
3. Mr. Nichols informed the Board that the hearing on abandonment
of a bike path on Guynn Bridge Court should be vacated, since the
matter has not been heard by the Planning Commission.
Motion: RESET HEARING DATE FOR GUYNN BRIDGE COURT ABANDONMENT
FOR NOUEMBER 19, 1985.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Recess: The Board recessed at 4:08 p.m. to sit as the Air Pollution
Control District Board of Directors.
Reconvene: The Board reconvened at 4:09 p.m.
Adjournment: There being nothing further before the Board at this
time the meeting was adjourned at 4:09 p.m. to
reconvene at 9:00 a.m. on October 75, 1985.
C airman, Bo rd of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
BY~~ ~pP
Page 156
October 1, 1985
Recess: There being nothing further before the Board at this
time the meeting was recessed to reconvene on Tuesday,
October 22, 1985 at 7:30 p.m.
**~*~~*~~*~~*~~*~************~**October 22, 1985**~**~~*~~****~*~*~~*~~*~~*~~*
The Citizens Commission to Review the Proposal for Department
of Corrections convened at 7:30 p.m. Board members were present
and heard the decision of the Commission. Commission meeting
adjourned at 7:58 p.m.
Ca71 to order - $:00 p.m., Board of Supervisors room, County
Administration Building, 25 County Center Drive, OroviTle.
Present: Supervisors Doran, McInturf, McLaughlin, Wheeler and
Chairman Fulton; Martin J. Nichols, chief administrative officer;
Harvey Wallace, county caunse1; and Rubye Townsley, deputy clerk
of the Board.
$5-675 Meeting with Citizens Commission to Review Proposal for Department
of Corrections.
{BOARD MEMBERS THANKED THE COMMISSION FOR TIME AND EFFORT SPENT
ON REACHING ITS DECISION. VERBAL DECISION AND MATERIAL ACCEPTED,
REgUESTED MR. GILMAN TO WORK WITH ADMINISTRATIVE STAFF TO PREPARE
A WRITTEN REPORT WHICH WILL BE LISTED ON A FUTURE AGENDA,)
Adjournment: There being nothing further before the Board at
this time, the meeting was adjourned at 8:10 p.m.
to reconvene at 9:00 a.m. on November 5, 1985,
<--e~[
L N FULTON, Chairman
ATTEST: MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
By : ~ t___.
Page 174
October 22, 1985