HomeMy WebLinkAboutM092088September 2, a., 1988
Call to order - Board of Supervisors room. County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisors
Dolan, Fulton and Chairman Mclnturf, Martin J. Nichols, chief
administrative officer; Susan Roff, county counsel; and Carol Roach,
assistant clerk to the Board. Not present: Supervisors McLaughlin
and Yercruse.
Pledge of allegiance to the Flag of the United States of America,
88-560 Consent Agenda
1. Approval of minutes - action requested - AFPROVE MINUTES OF
AUGUST 23, 1988.
2. Budget transfer -action requested - APPROVE BUDGET TRANSFER B-6
{SHERIFF}.
3. Resolution of intention to rename a portion of a county road and
private road in the Chico address area: Pram portion of Vilas Road
{Cohasset Road to Gates Road} to Mud Creek Road and Gates Road
{Vitas Road to Musty Buck Road? to Mud Creek Road -action
requested - ADOFT RESOLUTION 88-134 BETTING PUBLIC HEARING DATE FOR
OCTOBER 18, 1988 AT 11:00 A.M.
4. Formation of County Service Area No. 113 {Pleasant Valley Industrial
Park} -the Local Agency Formation Commission has approved the
formation of CSA No_ 113 for the purpose of providing storm drainage
maintenance and street lighting -action requested - ADOPT
RESOLUTIDN 88-135 SETTING A PUBLIC HEARING DATE FOR OCTOBER 25, 1988
AT 11:00 A.M.
5. County library donation - in accordance with Government Code Section
25355, a donation of $135 has been received from the Friends of the
Paradise Library for the Butte County Library Trust for the purchase
of memorial books - action requested - ACCEPT DONATION AND AUTHORIZE
LETTER OF APPRECIATION_
6. Appointment to Mental Health Advisory Board - action requested -
APPOINT GAIL TAVIS AS THE FAMILY/CONSUMER REPRESENTATIVE TO SERVE
UNTIL DECEMBER 31, 1990.
Page 280 September 20, 1988
Seotember 2a1, 1988
7. Appointments to Adult Day Health Care Council - action requested -
APPOINT HARLAN ADAMS. MILLIE CALL, MARION WILLIAMS, PEG TAYLOR, BILL
TALLEY, DR. WILLIAM LORACK, NAOMI FISHER, HAL BISHOP, FRIEDA
FORTIER, VICKI FARRELL, ANNETTE SPANUTTUS, NTNO CALARCO, ROCKY
BURKES, JOHN MINOR, LARRX BRADLEY, NANCY TALLEY, AND CHRISTOPHER
HEIDEN TO SERVE INDEFINITE TERMS; AND REQUEST AN EXEMPTION FROM THE
DIRECTOR OF AGING IN ORDER TO APPOINT KATHY PFISTER.
8. Appointment to Private Industry Council - action requested - APPOINT
AL LINDBERRX AS THE ECONOMIC DEVELOPMENT CORPORATION REPRESENTATIVE
TO SERVE UNTIL JUNE 14, 1991,
9. Report to the Board - Mike Ballou - (item on which environmental
documents have not been completed? denied without prejudice a rezone
from "U" (unclassified? to C-1 (light commercial? located on the
south side of East 8th Street at Bartlett Street, identified as AP
04-34-1-002, 003, 004, 005, 005 and 007, Chico - action requested -
TNFORMATION ONLY.
10. Final map - Carrier Estates Subdivision - the deveiaper has provided
letters of credit to guarantee construction of improvements within a
period of one year on the 27 lots subdivision, AP 47-43-01, property
located on the easterly side of State Highway 99, 2,000 feet south
of Keefer Road, Chico area - action requested - APPROVE THE FINAL
MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS C, D, AND E OF THE OWNER'S
CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE
GREENBERRY LANE, GARDEN BROOK DRIVE, HONEYBEE COURT AND ONE FOOT NO
ACCESS STRIP AS OFFERED IN ITEMS A AND B OF THE OWNER'S CERTIFICATE;
AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT; AND
APPROVE PUBLIC ACCESS ACROSS THE ONE FOOT NO ACCESS STRIP AS SHOWN
IN BOOK 80 OF MAPS, PAGES 92 AND 93.
11. Rachel Christine Giles, Crystal Lynn Giles (minorl, by and through
her mother, and Steven M. Giles -files a claim in the amount of
$1,000,000 as a result of alleged injuries and damages sustained on
or about May 11, 1988 in Oroville involving the Sheriff's
Department - action requested -REJECT CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT.
12. Sharon P. Edwards, Oroville -files a claim in the amount of
$30,000,000 as a result of alleged injuries and damages sustained on
ar about May 6, 1988 in Oroville involving the Sheriff's
Department - action requested -REJECT CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT.
13. Kerry L. Agee, Oroville
as a result of alleged
May 6, 1988 in Oroville
requested -REJECT CLA:
MANAGEMENT.
files a claim in the amount of $20,000,000
injuries and damages sustained on or about
involving the Sheriff's Department - action
~M AND REFER TO COUNTY COUNSEL AND RISK
Page 281
September 20, 1988
September 2_0 1988
14. Barbara A. Waltman, Oroville -files a claim in the amount of
$20.000,000 as a result of alleged injuries and damages sustained on
or about May 6, 1988 involving the Sheriff's Department -action
requested -REJECT CLAIM ANA REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
15. Matthew L. Waltman to minor}, Oroville -~ files a claim in the amount
of $20.000,000 as a result of alleged injuries and damages sustained
on or about May 6, 1988 involving the Sheriff's Department - action
requested -REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT,
15. Gary Dewayne Agee, Oroville. files a claim in the amount of
$1,500,000 as a result of alleged injuries and damages sustained on
or about May 6, 1988 in Oroville involving the Sheriff's
Department - action requested -REJECT CLAIM AHD REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT,
17, Oscar Jackson. Oroville -files two claims in the amount of $300,000
each as a result of alleged injuries and damages sustained between
March 22 and March 28, 1988 while incarcerated in the Butte County
Jail -action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
18. Sheriff's Department chairs -requested is the purchase of two
replacement chairs in the estimated amount of $788 for use by 911
dispatchers in the Communications Center. Budget transfer B-6 has
been prepared to provide the necessary appropriation -action
requested - AUTHORIZE ACQUISITION OF PIKED ASSET ITEMS.
19. Acceptance of surplus state property -Board authorization is
requested to accept 30 surplus hand-held portable radios as county
property in order to increase fire ground communications as the
radios are programmed with fire department and mutual-aid
frequencies -action requested - ACCEPT RADIOS AS SURPLUS STATE
PROPERTY,
20. District Attorney facsimile machine -Board authorization is
requested to purchase a facsimile machine in the amount of $3,250 in
order to expedite the processing of arrest reports. Funding is
within the department's fixed assets budget -~ action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEM.
21. 1986 Park Bond Application for 1988-89 - authorization is requested
to submit the applications for Durham Recreation and Park District,
$20,000 and Richvale Recreation and Park District, $20,000 -- action
requested -ADOPT RESOLUTION 88.136 TO APPROVE APPLICATION AND
AUTHORIZE THE CHAIRMAN TO SIGN.
Page 282
September 20, 1988
September_ 2.~ 1988
22. General assistance grant methodology - the Welfare Department has
prepared the GA grant level methodology for Board consideration and
approval - action requested - APPROVE GRANT STUDY METHODOLOGY.
23. Resolution recognizing the 75th anniversary of N. T. Enloe Memorial
Hospital - action requested - ADOPT RESOLUTION 88-133 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
24. Resolution approving the request of the Butte County Housing
Authority to apply for $1,523,694 in a combination loan and grant
from the Farmers Home Administration -action requested -ADOPT
RESOLUTION $8-137 AND AUTHORIZE THE CHAIRMAN TO SIGN.
25. Ordinance extending full peace officer powers to resident deputies -
action requested -WAIVE THE SECOND READING AND ADOPT ORDINANCE
2705.
26. Salary ordinance amendment - the ordinance involves moving a typist
clerk T/IT (50 percent} in the Clerk's Office to the Recorder's
Office and spreading the secretary I position between Elections,
County Clerk and County Recorder budgets - action requested -WAIVE
THE SECOND READING AND ADOPT ORDINANCE 2706.
27. Public Health/Environmental Health fees - an ordinance has been
prepared which replaces the public health fee resolutions with a fee
ordinance increasing food establishment program fees to reflect the
actual cast of the service; increasing selected land development
fees to reflect the actual cost of the service; and revising the
late renewal penalty far the food establishment inspection program
to reflect a ten percent penalty (payable prior to February 28} and
a 50 percent penalty (payable after February 28} - action
requested - ADOPT ORDINANCE 2707 AHD RUTHORIZE THE CHAIRMAN TO SIGN.
28. Resolution approving settlement agreement regarding Ashby v. County
of Butte (Butte County Superior Court X96458} - action requested -
ADOPT RESOLUTION 88-138 AND AUTHORIZE THE CHAIRMAN TO SIGN.
29. Notice of completion - construction of northwest Chico storm drain
from Lindo Channel to the extension of West 12th Avenue {Project No.
SD-1-88} -all work on the project has been completed in accordance
with the plans and specifications - action requested -ACCEPT THE
PROJECT, AUTHORIZE THE CHAIRMAN TO SIGN NOTICE OF COMPLETION, AND
AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION.
30, 1988-89 Mental Health County Plan (Part "A"} -the Welfare and
Institutions Cade requires the submission of a summary presentation
of all expected expenditures of county, state, and federal
government funds as well as anticipated public and private revenues
for the year -action requested - ADOPT PART A OF THE PLAN AND
AUTHORIZE THE CHAIRMAN TO SIGN FORM 1.1.A.
Page 283 September 20, 1988
September 20~ 1988
31. 1989-90~ Child Health & Disability Prevention Plan Update - the plan
identifies the basic services that will be provided which is a
continuation of the current level of service - action requested -
APPROVE THE PLAN UPDATE AND AUTHORIZE THE CHAIRMAN TO SIGN. ,
32. Job search services agreement - an agreement has been prepared with
the State Employment Development Department to provide job search
services for GAIN participants in the maximum amount of $49,176
covering the period of July 1. 1988 through June 30. 1989 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO STGN.~
33. Child care referral services agreement - an agreement has been
prepared with Valley Oak Children's Services in the amount of
$63,268 covering the period July 1, 1988 through June 30, 1989 in
order to provide for Child Care Referral services for GAIN
participants -action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
34. Substitute payee services agreement - an agreement has been prepared
with Valley Bookkeeping Services in the amount of 57,200 in order to
provide for substitute payee services far GAIN participants covering
the period July 1, 1988 through June 30, 1989 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
35. Hazardous waste planning conference - an agreement has been prepared
with the State Department of Health Services to provide $2.600 in
revenue to conduct a planning conference of north state counties
hazardous waste plans - action requested -APPROVE CONTRACT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
36. Advanced step hiring -deputy sheriff -Board authorization is
requested to hire a deputy sheriff up to the "C" step of the salary
range - action requested - AUTHORIZE ADVANCED STEP HIRING.
37. Advanced step hiring -mental health clinician II - Board
authorization is requested to rehire a mental health clinician TT at
the "E" step of the salary range, to become effective September 12,
198$ - action requested - AUTHORIZE ADVANCED STEP HIRING.
38. Mental Health - Beilenson Hearing - action requested - SET PUBLIC
HEARING DATE FOR OCTOBER 4, 1988 AT 3.1:30 A.M.
39. Establishment of casts - draft Hazardous Waste Management Plan and
Environmental Impact Report - action requested - SET FEE OF $8.00
FOR THE DRAFT HAZARDOUS WASTE MANAGEMENT PLAN AHD $3.25 FOR THE
ENVIRONMENTAL IMPACT REPORT, INCLUDING SALES TAX.
Page 284
September 20, 1988
September 20. 1988
40. Public Works chain saws - Board authorization is requested to
replace three chain saws which were stolen from the Public Works
Chico yard. Sufficient funding exists in the department's fixed
asset budget -- action requested - AUTHORIZE PURCHASE OF FIXED ASSET
ITEMS.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE; 1 Y 2 Y 3 AB 4 AB 5 Y (Unanimously carried)
Regular A,~genda
88-561 Items removed from the Consent Agenda for Board consideration and
action. (NON£)
88-562 Presentation by Mr. Dave Pastor, E~recutive Director, North Valley
Blood Center recognizing the donation of blood by Butte County
employees. {PRESENTATION OF PLAQUE OF APPRECIATION TO CHAIRMAN
McINTURF ON BEHALF OF THE BUTTE COUNTY BOARD OF SUPERVISORS AND
EMPLOYEES BY MR, DAVE PASTOR, EXECUTIVE DIRECTOR, NORTH VALLEY BLOOD
CENTER.)
88-563 INFORMATIONAL REPORT FROM JOHN HAWKINS, CALIFORNIA DIVISION OF
FORESTRY, BUTTE COUNTY, ON THE CURRENT FIRE SITUATION THAT EXISTS TN
BUTTE COUNTY. (89)
88-564 Appointments - commissions and committees.
a. Appointments tv committee vacancies. (203) (NONE)
88-565 Salary ordinance amendment increasing the salary for the Director of
Environmental Health from range 27.5 to range 29.0 - action
requested - WAIVE THE SECOND READING AND ADOPT THE ORDINANCE. (210)
{BOARD DECLINED TO TAKE ACTION ON THIS TTEM~ AND THIS IS THE END OF
THIS PROPOSAL.)
88-566 Report from Chief Administrative Officer on the legislature action
providing less state revenue than anticipated in the final budget -
action requested -DISCUSSION OF THE BUDGET STATUS AND POLICY
DIRECTION TO CHIEF ADMINISTRATIVE OFFICER ON THE BUDGET. (343)
{SUPERVISORS VERCRUSE PRESENT)
Page 285
September 2~ 1988
September 20, 1988
MOTION: MOVE TO DIRECT EACH DEPARTMENT HEAD TO DEVEi,OF A FIVE
PERCENT REDUCTION PLAN IN THEIR DISCRETIONARY REVENUE
BUDGET, AND BRING IT BACK ON THE BOARD'S OCTOBER 4, 1988
AGENDA. FURTHER, DIRECT THE CHIEF ADMINISTRATIVE OFFICE
TO DEVELOP, WITH THE BEST INFORMATION IT CAN ENCUMBER. A
PROCESS WHEREBY WE CAN DISENGAGE FROM THE WELFARE
BUSINESS.
{SUPERVISOR MCLAUGHLIN PRESENT}
5 M
VOTE: ~. Y 2 Y 3 Y 4 NV 5 Y {Motion carried)
RECESS: 10:13 A.M.
RECONVENE: 10:33 A.M.
88-567' Report from Chief Administrative Officer and County Counsel on
mandate waiver requirements of Trial Court Funding Act. {2070}
{REPORT BY CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL ON SB
612, WHICH SUBSTANTIALLY MODIFIED THIS WAIVER TO THE BENEFIT OF THE
COUNTY.}
88-568 Closed hearing -Sierra West Surveying on behalf of Rick Brown,
appeals the Advisory Agency's denial of tentative parcel map
{proposed negative declaration with environmental mitigations
regarding environmental impact}; AP b4-52-39, three parcels,
property located on the west side of Nimshew Road and bordered on
the west and south by Paschal Way, Paradise Pines area. (21761
MOTION: NOTING THAT THE APPLICATION FOR THIS PROJECT WAS MADE PRIOR
TO THE BOARD'S RECOGNITION, ON JANUARY 5, 1988, OF THE
UPPER RIDGE TRAFFIC PROBLEMS AND HAVING REVIEWED THE
ENVIRONMENTAL CHECKLIST, I MOVE TO ADOPT A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT WITH ONE MITIGATION
MEASURE FOR THE RICK BROWN TENTATIVE PARCEL MAP TO CREATE
THREE PARCELS ON AP 64-62-39 FINDING THAT THE PROJECT IS IN
CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN AND BUTTE
COUNTY ZONING AND WILL NOT HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT PROVIDED THE ADOPTED MITIGATION MEASURE TS
COMPLIED WITH. I FURTHER MOVE TO UPHOLD THE APPLICANT'S
APPEAL OF THE ADVISORY AGENCY'S DENIAL OF THE PROJECT
SUBJECT TO PUBLIC WORKS CONDITIONS ONE THROUGH TWELVE AS
FOLLOWS;
1. PROVIDE TWO-WAY TRAVERSABLE ACCESS RS-8-LD-III TO EACH
PARCEL FROM A COUNTY MAINTAINED ROAD OR STATE HIGHWAY.
Page 2$6
September 2_ D „ 19$8
2. ACCESS TO BE RESERVED IN DEEDS AS PER COUNTY ORDINANCE
AND OFFERED FOR DEDICATION ON THE FINAL MAP.
3. SHOW 50 FOOT BUILDING SETBACK LINE MERSURED FROM
CENTERLINE OF ACCESS EASEMENT.
4. PROVIDE ROAD MAINTENANCE AGREEMENT.
5. INDICATE A 54 FOOT BUILDING SETBACK FROM THE CENTERLINE
OF NIMSHEW ROAD.
5. SHOW ALL EASEMENTS OF RECORA ON THE FINAL MAP.
7. PROVIDE STREET NAME SIGNS PER REQUIREMENTS OF THE
DEPARTMENT OF PUBLIC WORKS PRIOR TO RECORDATION OF THE
FINAL MAP.
$. PAY OFF ANY ASSESSMENTS.
9. OBTAIN ENCROACHMENT PERi~IT ANA CONSTRUCT STANDARD ROAD
APPROACH PROVIDING ADEQUATE SIGHT DISTANCE AT THE
INTERSECTION OF PASCHAL WAY AND NIMSHEW ROAD,
10. PAY ANY DELINQUENT TA%ES OR CURRENT TAXES A5 REQUIRED.
11. MEET THE REQUIREMENTS OF THE BUTTE COUNTY FIRE
DEPARTMENT.
12. PAY PRO RATA SHARE FOR RECONSTRUCTION OF BRIDGE AT PG&E
DITCH CROSSING ON NIMSHEW ROAD.
ENVIRONMENTAL HEALTH DEPARTMENT CONAITIONS ONE THROUGH FOUR
AS FOLLOWS:
1. PROVIDE A 100 FOOT LEACHFIELD FREE SETBACK AROUND
EXISTING WELLS EITHER WITHIN THE PROPERTY OR WITHIN 100
FEET OF THE PROPERTY BOUNDARIES ON PARCELS 1, 2 AND 3.
2. SHOW A 140 FOOT LEACHFIELD SETBACK FROM THE HIGHWATER
LINE OF THE OLD CHEROKEE DITCH ON PARCELS 1, 2 ANA 3.
3. PROVE THAT THE REQUIRED QUANTITIES OF DOMESTIC WATER
ARE AVAILABLE TO PARCELS 1, 2 AND 3.
4. PROVE WATER BY PROVIDING A FOUR (4) HOURS PUMP TEST.
PROVIDE FIVE (5? GALLONS PER MINUTE PER PARCEL JANUARY
THROUGH JUNE, OR THREE (3) GALLONS PER MINUTE PER
PARCEL JULY THROUGH DECEMBER.
Page 28']
September 24, 1.988
Septemher 2„_0 1988
AND THE FOLLOWING MITIGATION MEASURE: PLACE THE FOLLOWING
NOTE ON THE FINAL MAP: OWNER AGREES, PRIOR TO ISSUANCE OF
BUILDING PERMITS, TO PAY TRAFFIC IMPACT MITIGATION FEES OR,
TO COMPLX WITH SUCH OTHER MITIGATION MEASURES RELATIVE TO
TRAFFIC PROBLEMS ON THE SKYWAY IN THE UPPER RIDGE AREA, AS
MAY BE REQUIRED BY COUNTY ORDINANCE OR RESOLUTION. OWNER
AC[{NOWLEDGES THAT NO SUCH ORDINANCE OR RESOLUTION IS IN
EFFECT AS OF THE DATE OF TENTATIVE MAP APPROVAL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-569 Closed hearing -Sierra West Surveying on behalf of Marie Lee,
appeals the Advisory Agency's denial of tentative parcel map, AP 65-
08-23, three parcels, property located on the northwest corner of
Shawnee Lane and Skyway, DeSabla area. (2288}
MOTION: NOTING THAT THE APPLICATION FOR THIS PROJECT WAS MADE PRIOR
TO THE BOARD'S RECOGNITION, ON JANUARY 5, 19$8, OF THE
UPPER RIDGE TRAFFIC PROBLEMS AND HAVING REVIEWED THE
ENVIRONMENTAL CHECKLIST, I MOVE TO ADOPT A NEGAfi IVE
DECLARATION OF ENVIRONMENTAL IMPACT WITH ONE MITIGATION
MEASURE FOR THE MARIE LEE TENTATIVE PARCEL MAP TO CREATE
THREE PARCELS ON AP 65-fl8-23 FINDING THAT THE PROJECT TS TN
CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN AHD BUTTE
COUNTY ZONING AHD WILL NOT HAVE A SIGNIFICANT EFFECT ON `THE
ENVIRONMENT PROVIDED THE ADOPTED MITIGATION MEASURE IS
COMPETED WITH. T FURTHER MOVE TO UPHOLD THE APPLICANTS
APPEAL OF THE ADVISORY AGENCY'S DENIAL OF THE PROJECT
SUBJECT TO PUBLIC WORKS CONDITIONS ONE THROUGH THIRTEEN AS
FOLLOWS:
1. PROVIDE TWO-WAY TRAVERSABLE ACCESS RS-B-LD-TTI TO EACH
PARCEL FRAM A COUNTY MAINTAINED ROAD OR STATE HIGHWAY.
2. ACCESS TO BE RESERVED IN DEEDS AS PER COUNTY ORDINANCE
AND OFFERED FOR DEDICATION ON THE FINAL MAP.
3. SHOW 50 FOOT BUILDING SETBACK LINE MEASURED FROM
CENTERLINE OF ACCESS EASEMENT.
4. PROVIDE ROAD MAINTENANCE AGREEMENT.
5. INDICATE A 55 FOOT BUILDING SETBACK FROM THE CENTERLINE
OF SKYWAY.
6. SHOW ALL EASEMENTS OF RECORD ON THE FINAL MAP.
7. PROVIDE STREET NAME SIGNS PER REQUIREMENTS OF THE
DEPARTMENT OF PUBLIC WORKS PRIOR TO RECORDATION OF THE
FINAL MAP.
Page 288
September 20, 1988
September- 2a 1988
$. PROVIDE PERMANENT SOLUTION FOR DRAINAGE.
9. PAY OFF ANY ASSESSMENTS.
14. PROVIDE CUL-DE-SAC AT THE END OF THE STREET.
11. OBTAIN ENCROACHMENT PERMIT AHD CONSTRUCT STANDARD ROAD
APPROACH PROVIDING ADEQUATE SIGHT DISTANCE AT THE
INTERSECTION OF SKYWAY AND SHAWNEE LANE.
12. PAY ANY DELINQUENT TAXES OR CURRENT TAXES AS REQUIRED.
13. MEET THE REQUIREMENTS OF THE BUTTE COUNTY FIRE
DEPARTMENT.
ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS ONE THROUGH
SEVEN AS FOLLOWS:
1. PROVIDE AN AREA FOR WELLS AND 100 FOOT LEACHFTELD FREE
SETBACK AROUND THO5E AREAS ON PARCELS ONE AND THREE.
2. PROVIDE A 104 FOOT LEACHFTELD FREE SETBACK AROUND
EXISTING WELLS EITHER WITHIN THE PROPERTY OR WITHIN 104
FEET OF THE PROPERTY BOUNDARIES.
3. SHOW A 54 FOOT LEACHFTELD SETBACK FROM THE DRAINAGE WAY
ON PARCELS 2 AND 3.
4. PROVIDE THE REQUIRED USABLE SEWAGE DISPOSAL AREA ON
EACH PARCEL. THE USABLE AREA SHALL BE AVAILABLE AFTER
WELL SITES ARE SFOTTEB.
5. PROVE THAT THE REQUIRED QUANTITIES OF DOMESTIC WATER
ARE AVAILABLE TO PARCELS 1, 2 AND 3.
6. LOCATE AND, IF NECESSARY, RELOCATE THE SEWAGE DISPOSAL
SYSTEM SERVING THE EKTSTTNG DWELLING ONTO ITS
RESPECTIVE PARCEL.
7. PROVIDE AN APPROVED SOURCE OF D4MESTTC WATER FOR PARCEL
3. IF A FUTURE WELL SITE IS SHOWN FOR PARCEL 3 BUT THE
DWELLING WILL CONTINUE TO RECEIVE WATER FROM AN OFF-
SITE WELL, SHOW AN EASEMENT TO THE WELL.
Page 289
September 20, 1888
September 2„,~ 1988
September 20, 1988
AND THE FOLLOWING MITIGATION MEASURE: PLACE THE FOLLOWING
NOTE ON THE FINAL MAP: OWNER AGREES, PRIOR TO ISSUANCE OF
BUILDING PERMITS, TO PAY TRAFFIC IMPACT MITIGATION MEASURES
RELATIVE TO TRAFFIC PROBLEMS ON THE SKYWAY IN THE UPPER
RIDGE AREA, AS MAY BE REQUIRED BY COUNTY ORDINANCE OR
RESOLUTION. OWNER ACKNOWLEDGES THAT NO SUCH ORDINANCE OR
RESOLUTION IS IN EFFECT AS OF THE DATE OF TENTATIVE MAP
APPROVAL.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
$8-570 Policy discussion on the Nitrate Action Plan. (2312)
a. Status of Nitrate Action Flan Tmglementation Committee.
b. Funding mechanisms far implementation of Nitrate Action Plan.
MOTION: MOVE THAT THE ADMINISTRATIVE OFFICE COORDINATE AN AD HOC
COMMITTEE COMPRISED OF SUPERVISORS DOLAN AND VERCRUSE AND
THE DEPARTMENTS THAT HAVE A PIECE OF THIS NITRATE ACTION
PLAN T.E., ENVIRONMENTAL HEALTH, PLANNING/LAFCO, PUBLIC
WORKS, COUNTY COUNSEL, FINANCIAL CONSIDERATIONS; ESTABLISH
A LIST OF CONCERNS, AND DEVELOP A COMPREHENSIVE STRATEGY
RECOMMENDATION FOR THE BOARD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
c. Discussion of California Regional Water Control Board notice
regarding proposed septic tank moratorium in the Chico urban
area.
(DIRECT STAFF TO DRAFT A PROPOSED BOARD POLICY STATEMENT TN
OPPOSITION TO THE PROPOSED SEPTIC TANK MORATORIUM IN THE CHTCO URBAN
AREA FOR PRESENTATION TO THE BOARD ON SEPTEMBER 27, 19$8.)
85-571 Department comments to the Final Report of the 1987-88 Butte County
Grand Jury, (2646) (CHAIRMAN McINTURF APPOINTED SUPERVISORS FULTON
AND VERCRUSE AS A COMMITTEE TO PREPARE BOARD RESPONSE TO THE BUTTE
COUNTY GRAND JURY, AND PRESENT THEIR COMMENTS AT THE OCTOBER 4, 1988
BOARD MEETING.?
88-572 Report from County Mandates Committee - action requested -POSTPONE
COUNTY CRISIS CONFERENCE UNTIL SPRING, 1989. {2690) (BOARD IN
CONCURRENCE WITH THE POSTPONEMENT OF THE COUNTY CRISIS CONFERENCE
UNTIL SPRING, 1989.}
RECESS: 10:48 A.M.
RECONVENE: 11:08 A.M. {SUPERVISOR VERCRUSE NOT PRESENT. NEIL McCABE
PRESENT FOR SUSAN ROFF, COUNTY COUNSEL.)
Page 290 September 20, 1988
..~
~'
September 20,E x.988
Public Hearings and Timed Items
88-573 Public hearing -County Service Area service charges -Government
Code Section 25210.77a requires that certain actions be taken prior
to the levying of service charges. {2800?
MOTION: ADOPT RESOLUTION 88-139 CONFIRMING THE COUNTY SERVICE AREA
CHARGES AS RECALCULATED.
S M
VOTE: 1 Y 2 Y 3 AH 4 Y 5 Y {Unanimously carried)
(SUPERVISOR VERCRUSE PRESENT)
88-574 Public hearing -- Lynn F. Hardy appeal of the Advisory Agency's
denial of tentative subdivision map (negative declaration with
environmental mitigations recommended}, AP 56-41-05, six parcels
located on both sides of Platt Mountain Road, approximately 700 feet
east of Highway 32, Forest Ranch area. {2932)
MOTION: MOVE TO ADOPT A MOTION OF INTENT TO UPHOLD THE APPEAL ON
THE BASIS OF THE DEER HERD QUESTION AND ADD A CONDITION
MITIGATING THAT BY AGREEING TO PAY THE FEES IF, OR WHEN.
THEY ARE ESTABLISHED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88-575 Public hearing - Melissa A. Porter appeal of the Advisory Agency's
approval of Carroll Bultema tentative parcel map {negative
declaration regarding environmental impact has been recommended), AP
41-10-10 and 41-13-i1, eight parcels located on the east side of
Williams Road approximately 4800 feet north of Durham-Pentz Road,
Butte College area. {495)
MOTION: MOTION OF INTENT TO DENY THE APPEAL.
M S
VOTE: 1 Y 2 N 3 Y 4 Y 5 Y {Motion carried)
$8-576 Public comment, (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE $OARD OF SUPERVISORS TS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.?
{1456) {NONE)
88-577 CLOSED SESSION: The Hoard recessed at 12:08 p.m. for a closed
session for the purpose of meet and confer; actual
litigation of McMahon vs. Dolan, et al., case no.
93315 and potential litigation pertaining to a
public nuisance on Bruce Street, Chico; a libel
matter; and City of Chico.
Page 291
September 20, 1988
September 2DL 1988
RECONVENE: 12.55 F,M.
MOTION: MOVE TO RETAIN BILL SPRUANCE OF THE LAW FIRM OF MINASIAN,
MINASTAH, MINASTAN, SFRUANCE, SABER, MEITH AND SOARES TO
REPRESENT THE COUNTY IN THE CIVIL ACTION PERTAINING TO THE
ABATEMENT OF A PUBLIC NUISANCE AT 1242-1244 BRUCE STREET,
CHICO.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y iUnanimously carried)
ADJOURNMENT: There being nothing further before the Board at this
time, the meeting was adjourned at 12:57 p.m. to
reconvene on Tuesdayr September 27, 1988 at 9:00 a.m.
S
Chairman, Boar of Super sors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and Clerk f the Board
By:
Page 292
September 20, 1988