HomeMy WebLinkAboutM020888/._"'•\
i
February ~ 1988
~~„
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oraville. Present: Supervisors
Dolan, Fulton, McLaughlin, Vercruse and Chairman Mclnturf.
Martin J. Nichols, chief administrative officer; and Carol Roach,
deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
88-63 Items removed from the Consent Agenda far Board consideration and
action.
1. Butte County Superior Court parking restrictions - a resolution
has been prepared pursuant to Butte County Code Sections 14-100
through 14-104 implementing parking restrictions at the court's
north parking lot -action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIRMAN TO SIGN.
88-64 Consent Asrenda (40?
1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-101 (PUBLIC WORKS) AND B-142 (PLANNING).
2. County Library donations - in accordance with Government Cade
Section 25355, donations have been received for books as
follows: $267 from Harlan and Jeanne Duncan, $136 from
Kedma Utt, $197.18 from Hula Hands, and $100 from
Winifred Steiner - action requested -ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
3. County Library donation - in accordance with Government Code
Section 25355, donations have been received for Oroville
Headquarters Library, $300 and Paradise Branch, $100 -action
requested - ACCNPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
4. Harry Cadwalder parcel map - the developer has provided a
savings passbook to guarantee construction of roads within one
year starting January 19, 1988 on the three-lot parcel map,
AP 47-26-184 (ptn), property located on the southerly side of
Quail Covey Court, approximately 500 feet south of Keefer Road,
Page 19
February 2, 19$8
February 2, 1988
Chico area - action requested - AUTHORIZE THE CHAIRMAN TO SIGN
ASSIGNMENT AS SECURITY SECOND ENDORSEMENT FOR ASSIGNMENT OF
SAVINGS PASSBOOK ACCOUNT.
5, Ronald L. Graves, Oroville -files a claim in the amount of
S1bb,bflb as a result of alleged injuries and damages sustained
an or about December 1, 1987 involving a fall at a county
building -action requested - REJECT CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT.
6. Penalty abatement requests -change of ownership reports -
action requested -APPROVE PENALTY ABATEMENT REQUESTS AS
RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER.
7. Judges retirement contribution - a resolution has been prepared
to implement a deferment of taxes on judges pensions until
retirement -action requested - ADOPT RESOLUTION 88-011 AND
AUTHORIZE THE CHAIRMAN TO SIGN,
8. Salary ordinance amendment adding one deputy district attorney
position to the District Attorney criminal allocation to be paid
far by funds from the Butte Interagency Narcotic Task Force -
actian requested -WAIVE THE SECOND READING AND ADOPT THE
ORDINANCE 2659.
9. Ordinance amending Butte County Cade Sections 4-1.5, 4-1.6 and
4-11 relating to animal control provisions - action requested -
WAIVE THE FIRST READING OF THE ORDINANCE.
ib. Salary ordinance amendment -the ordinance reclassifies
positions in the District Attorney's Office as follows. a 1ega1
secretary to legal secretary II; two legal stenographer clerk
positions to legal secretary I, and a vacant district attorney's
investigator II/I position to district attorney supervising
investigator - action requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
11. 1987-88 county health services agreement - an agreement has been
prepared with the State Department of Health in accordance with
Welfare and Institutions Code Sections 1670fl-16713 covering
reimbursement up to a maximum of $1,419,fl87 covering a portion
of the cost of the county health services program rendered
during 1987-88 -action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
12. Amendment No. 1 - Butte County Fair Association - an
amendment has been prepared to the existing agreement to extend
the term of the previous agreement far a four-month period
through April 30. 1988 pending renegotiation of a new contract -
action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
Page Zfl February 2, 1988
February 2 1988
MOTION: TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM
3.08.
S M
VOTE. 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Re~xular Agenda
(SUSAN ROFF, COUNTY COUNSEL, PRESENT}
88--65 Items removed from the Consent Agenda for Board consideration and
action.
1. Butte County Superior Court parking restrictions -- a resolution
has been prepared pursuant to Butte County Code Sections 14--100
through 14-104 implementing parking restrictions at the court's
north parking lot -action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIRMAN TO SIGN. {70}
MOTION: MOVE TO ADOPT RESOLUTION 88-012 AND AUTHORIZE THE CHAIRMAN
TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (Motion carried}
88-66 Appointments - commissions and committees. (140}
a. Appointments to committee vacancies. (NONE)
88-67 Report from Agricultural Commissioner on status of acarine mite
quarantine. {166} **(00}
MOTION: MOVE TO RESCIND ORDINANCE ESTABLISHING ACARINE MITE
QUARANTINE.
M
VOTE: 1 2 3 4 5 (Died for lack of second}
MOTION: MOVE TO PUT ON FEBRUARY 9, 1988 AGENDA WITH BOARD AND
CAO TO BE APPRISED OF CURRENT STATUS OF SITUATION AND
COUNTY COUNSEL TO FREPARE FINDINGS FOR AN EMERGENCY
ORDINANCE RESCINDING THE ACARINE MITE QUARANTINE
ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 11:10 A.M.
RECONVENE: 11:27 A.M.
(SUPERVISOR McLAUGHLIN ABSENT)
Page 21
February 2, 1988
February 2, 1988
Fublic Hearings and Times Items
88-68 Continued hearing - A & Q Engineering - on behalf of Lowell Pierce
and Jim Black, appeal of Condition No, 7 (Construct full street
section on West 12th Avenue from project boundary to Fern Avenue to
RS-3-C geometric standard. Minimum structural section to be 2" AC
and 8" AB SC 250 prime fog seal and 95~ relative compaction. Submit
design to County Department of Public Works for approval. "R" value
determinations and other data may be required to support section
design.) on tentative subdivision map, AP 43-01-76, 77, 78, 51 tats,
property bordered on the west by Southern Pacific Railroad and
bordered on the north by West Lindo Avenue, Chico area. (1120)
MOTION: MOTION OF INTENT TO DENY APPEAL REGARDING CONDITION 7 AND
TO INCLUDE CONDITIONS THAT WOULD CALL FOR A DESIGN OF THE
ROADS IN THE SUBDIVISION TD PROVIDE FOR THE FUTURE
ALIGNMENT OF WEST 11TH AVENUE.
M S
VOTE: ~. Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
Regular Agenda
88--69 Report from Assessor advising of newt assessment procedure. {REPORT
BY TED CLEVELAND, ASSESSOR.) {1354)
(SUPERVISOR McLAUGHLIN PRESENT)
88-70 Request of District Attorney for county funding of child abuse
attorney and investigator previously funded by state grant -action
requested -APPROVE BUDGET TRANSFER B-104 FOR BALANCE OF 1987-8$
FISCAL YEAR FUNDING PERIOD. (1725)
MOTION: MOVE TO APPROVE BDDGET TRANSFER B-100 FOR BALANCE OF 1987-
88 FISCAL YEAR FUNDING PERIOD.
M F
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88-71 Report from Chief Administrative Officer on Board position on water
legislation {5B 34). {1800)
MOTION: MOVE TO OPPOSE SB 34 UNLESS AMENDED TO INCLUDE NORTH
STATE WATER NEEDS AND THAT THE BOARD WILL SPONSOR A WATER
CONFERENCE BETWEEN SUPERIOR CALIFORNIA WATER ASSOCIATION
THE DELTA AREA PLANNING COUNCIL, AND OTHER BAY AREA WATER
INTERESTS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 22
February 2, 1988
~~
February 2~ 19$8
88-72 Board of Supervisors goals and objectives for 1988. {Chairman
Mclnturf) (Board discussion centered on memorandum items C. 1.
Secure permanent library funding; 2. A charter amendment to
eliminate "free library" services to allow for the charging for
services; E. Explore sales tax options far roads and general
purpose revenues; and F. Continue our legal challenges of state
mandated programs.) (STAFF DIRECTED TO CONTACT THE COUNTY CLERK TO
ASCERTAIN DEADLINE DATES FOR BALLOT MEASURES FOR THE NOVEMBER
ELECTION FOR THE BOARD'S INFORMATION AT THE FEBRUARY 9, 1988
MEETING. (2022)
88-T3 Closed hearing - Webb Homes - an behalf of G. J. and D. A. Heimann
and Joyce A. Start, appeal of Condition No. 4 (Construct one--half
street and 12 foot section on Bidwell Avenue to RS-2-A road standard
with vertical curb, gutter and sidewalks and 2" AC, 8" AB, SC 250
prime, fog seal and 955 relative compaction. Submit design to
County Department of Public Works. "R" value determinations and
other data may be required to support section design.), Condition
No. 18 (Provide a letter or other documentation from City of Chico
stating that they are willing and able to supply sewer service to
the subdivision.}, Condition No. 19 (Place a note vn the map that
states, "Development of parcels with the subdivision will require
connection to a public sanitary sewer."), and Condition No. 21
{Connect the existing dwelling to public sewer.) on Heimann
tentative subdivision map, AP 42-15-15, 25, 27, 28 {portion), 11
lots, property located on the north side of Bidwell Avenue
approximately 650 feet east of the north-south portion of Bidwell
Avenue, Chico area. {CONTINUED TO FEBRUARY 9, 1988) {***(65}
MOTION: MOVE THAT IF THIS MAP, OR OTHER MAPS, COME FORWARD ON
BIDWELL AVENUE BETWEEN OAKLAWN AND WEST SACRAMENTO AVENUES,
THAT IT IS THIS BOARD'S POLICY THAT INSTEAD OF WIDENING
SIDEWALKS, CURBS, AND GUTTERS THAT THE MAFS WILL BE
REQUIRED TO CONTRIBUTE A PRO RATA SHARE TO THE CONSTRUCTION
OF CUL DE SACS ON BIDWELL AVENUE AND THAT THIS IS TO BE
DONE BY A CONDITION REQUIRING AN AGREEMENT TO RUN WITH THE
LAND.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-74 Closed hearing - Sierra West Surveying - on behalf of Dick Wrobel,
appeals the Advisory Agency's Condition Na, 2 {Provide two-way
traversable access RS-$-LOIN to each parcel from a county maintained
road or state highway.) on tentative parcel map, AP 58-33-15, two
parcels, property located approximately 250 feet south of Hoffman
Road approximately 0.8 mile west of Concow Road, Concave area.
(CONTINUED TO FEBRUARY 9, 1988) (195)
Page 23
February 2. 1988
Feb.,,~.ruary 2L 1988
88-75 Closed hearing - Sierra West Surveying - on behalf of
Thomas Steffen, appeals the Advisory Agency's Condition No. 1
{Frontage on Jackson Street and Virginia Street to be constructed to
RS-2-D 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 far approval and
install required facilities.) on tentative parcel map. AP 05-414-15
and AP 05-40-08 {portion), two parcels, property located on the
southeast corner of Virginia Street and Jackson Street, Chapmantown
area. {CONTINUED TO FEBRUARY 9, 198$) (209)
88-76 Closed hearing - A. C, Bruhns, engineer ~ on behalf
of Elsie E. Cunnings, appeals the Advisory Agency's Condition No. 2
(Construct full street section on access to Lot D to RS-7 geometric
standard.), Condition No. 3 {Provide monumentation as required by
the Department of Public Works in accordance with accepted
standards.), Condition No. 5 (Provide permanent solution for
drainage.?, and Condition No. li (Single seal coat Coutolenc Road
along property frontage.} on tentative subdivision map, AP 58-81-11,
four parcels, property located on the west side of Coutolenc Road,
approximately 1,000 feet south of its intersection with Lucretia
Road, Magalia area. (220)
MOTION: MOVE TO DENY THE APPLICANT"S APPEAL OF CONDITIONS 2, 3, 5
AND 11, AS PLACED BY THE ADV250RY AGENGX AT THEIR MEETING
OF DECEMBER 21, 1987. THIS MOTION IS MADE FINDING THAT
THESE CONDITIONS ARE NECESSARY FOR TRAFFIC SAFETY PURPOSES
AND FOR PROPER AND ORDERLY DEVELOPMENT OF THIS AREA.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88-77 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS TS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM PRESENTED IF IT TS NOT LISTED ON THE AGENDA.)
{244)
Glen Miller - watershed zoning in Concow.
CLOSED SESSION: The Board recessed at 12:25 p.m. to hold a closed
session an litigation on Friends of the Foothills
vs. County of Butte, pursuant to Government Code
Section 54956.9(x) and Midway Orchards vs. County
of Butte, pursuant tp Government Code
Section 54956.9(x).
RECONVENE: The Board reconvened at 12:42 p.m. following a closed
session regarding litigation. (NO ANNOUNCEMENTS MADE)
Page 24
February 2, 1988
February 2 1988
Communications
88-78 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF TBE BOARD OFFICE.)
a. Butte County Arts Network - requests the Board of Supervisors
adopt a resolution naming their organization as the official
local partner with the California Arts Council for fiscal year
1988-89. (REFERRED TO CHIEF ADMINISTRATIVE OFFICE FOR REPORT
AND RECOMMENDATION.)
b. Berry Creek Community Services District - writes requesting the
Board expand the powers of the district to include maintenance
of roads. (REFERRED TO COUNTY COUNSEL FOR REPORT AND
RECOMMENDATION ON PROCEDURE TO FOLLOW.
ADJOURNMENT: There being nothing further before the Board at
this time the meeting was adjourned at 12:43 p.m.
to reconvene on Tuesday, February 9, 1988,
airman, Board of Sup ~sors
ATTEST:
MARTIN J. NICHOLS, Administrative
Officer and erk of the Board
By•
Page 25
February 2, 1988