HomeMy WebLinkAboutM092287
September 2.~ 1987
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center brive, Oroville. Present: Supervisors
Fulton, Mcinturf, McLaughlin, Vercruse and Chair Bolan.
Martin J. Nichols, chief administrative officer; Susan Roff, county
counsel; and Pauline Romano, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
87-461 Consent Agenda (15)
1. Budget transfers.. APPROVED BUDGET TRANSFERS B-11, 8-12, B-i3,
AND B-14.
2. Appointment to JTPA - Private Industry Council. APPOTNTED
FRANK FENLEY ANB CINDY FAHEY TO SERVE AS OROVILLE BUSINESS
REPRESENTATIVES UNTIL JUNE 14, 1990,
3. Appointment to Drainage District No. 100. APPOINTED INCUMBENTS
MARVIN LUNDBERG AND PAUL THENGVALL TO SERVE UNTIL NOVEMBER 30,
1991.
4. Appointment to Drainage District No. 200. APPOINTED TNCUMBENT
MILTON J. LaMALFA TO SERVE UNTIL NOVEMBER 30, 1991.
S. Appointment to Richvale Sanitary District. APPOINTED INCUMBENTS
ELMER LINDAHL AND GARY STONE TO SERVE UNTIL NOVEMBER 30, 1991.
6. Appointment to Rock Creek Reclamation District. APPOINTED
INCUMBENT RICHARD McGOWAN TO SERVE UNTIL NOVEMBER 30, 1991.
7. Final map - Esplanade Subdivision - the developer has provided
letters of credit to guarantee construction of improvements
within one year on the ten-lot subdivision, AP 06-53-2 I2, 14
and 18, property located on the north side of East
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September 22, 1987
September 2~ 19$7
Avenue, 800 feet west of Esplanade, Chico area. APPROVED FINAL
MAP; ACCEPTED EASEMENTS AS GRANTED IN ITEMS 1 AND 3 OF THE
OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED GRANT IN
FEE SIMPLE EAST AVENUE A5 OFFERED IN ITEM 2 OF THE OWNER'S
CERTIFICATE; AND AUTHORIZED THE CHAIR TO SIGN THE SUBDIVISION
AGREEMENT.
8. Wayne E. Rice, Oroville - submits a claim in the
amount of $50,000 as a result of alleged injuries and damages
sustained on or about August 12, 1987 while incarcerated in the
Butte County Jail. REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
9. Murphy Sidney Jones, Oroville - submits a claim in the amount of
$75.5 million as a result of alleged injuries and damages
sustained during his arrest and incarceration in the Butte
County Jail. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND
RISK MANAGEMENT.
10. Juvenile Hall daily parental charge rate - in accordance with
Welfare and Institutions Code Section 903, the Auditor has
calculated the Juvenile Hall daily parental charge rate in the
amount of $6.56. APPROVED RATE AS RECOMMENDED AND DIRECTED THAT
SPECIFIC MEDICAL OR DENTAL COSTS NOT RECOVERABLE BY ANY OTHER
MEANS BE IMPOSED ON PARENTS OF MINORS PLACED IN JWENILE HALL IN
ACCORDANCE WITH WELFARE AND INSTITUTIONS CODE SECTION 903.
11. Arts Commission event liability coverage - recommended is a
separate special events liability policy at a cost of
approximately $600 covering activities of the Axts Commission to
be held on September 2b-27, 1987. AUTHORIZED PURCHASE OF
SPECIAL EVENT POLICY.
12. Salary ordinance amendment - the ordinance sets the salary
for District Attorney at a flat rate of $55,000 per year.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE
13. Salary ordinance amendment - the ordinance implements staffing
changes as approved by the Board of Supervisors during budget
hearings. WAIVED THE SECOND READING AND ADOPTED ORDINANCE
14. Salary ordinance amendment - the ordinance eliminates a deputy
chief probation officer position and adds a staff services
specialist and one half-time typist clerk II within the
Probation Department budget; and eliminates a probation officer
XI position and adds a supervising probation officer and typist
clerk II within the Victim Witness Program. WAIVED THE SECOND
READING AND ADOPTED ORDINANCE
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September 22, 1987
September 2~ 1987
15. Paradise Pines water quality monitoring - a renewal agreement
has been prepared with Robert L. Nevin, consulting engineer, to
perform water quality monitoring within County Service Area No.
4 in the amount of $3,960 during FY 1987-88. APPROVED AGREEMENT
AND AUTHORIZED THE CHAIR TO SIGN.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
87-462 Appointments - commissions and committees. (105)
a. Appointments to committee vacancies.
MOTION: MOVE TO ASSUME THE POSITION HA5 NEVER BEEN FILLED AND
APPOINT PAT ZINN TO THE PRIVATE INDUSTRY COUNCIL BOARD,
PARADISE REPRESENTATIVE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-463 Resolution authorizing eminent domain for acquisition of property on
Ophir Road, Project No. 21461-84-1 (Parcel No. 7). (169)
MOTION: ADOPT RESOLUTION 87-241 A[3THORIZING ACQUISITION OF REAL
PROPERTY BY EMINENT DOMAIN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-464 Ordinance adding eight homemakers, one social worker supervisor, and
one typist clerk in order to provide for contingency planning for In-
Hame Supportive Service (IHSS) delivery. (1082)
MOTION: WAIVE THE FIRST. READING OF THE ORDINANCE, AND PLACE A FREEZE
ON THE HIRING OF POSITIONS INDICATED IN THE SALARY ORDINANCE
UNTIL A DETERMINATION CAN BE MADE ON PROCEEDING WITH A
CONTRACT MODE VERSUS IP/SUPERVISION MODE.
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion carried)
Public Hearings and Timed Items
87-465 Public hearing -State TV Cable - expansion of franchise service
area. {1100)
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September 22, 1987
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MOTION: ADOPT RESOLUTION 87-242 AMENDING RESOLUTION $3-120
CONCERNING THE GRANTING OF A NONEXCLUSIVE FRANCHISE FOR
CABLE TELEVISION SERVICES TO THE UNINCORPORATED AREAS OF
CHICOIDURHAM.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
87-466 Public hearing - Leonard J. Bard - appeal of denied use permit (item
determined to be categorically exempt from environmental review) to
allow the conversion of a residence to office use and allow a sign 40
feet from the centerline of East Avenue and variance to the Butte
County parking ordinance to allow a 12-foot wide two-way aisle
serving parking area on property zoned R-4 (residential) located on
the north side of East Avenue, approximately 200 feet east of North
Avenue, identified as AP 48-24-47, Chico. (1787)
MOTION: ADOPT STAFF RECOMMENDATIONS AS OUTLINED IN THEIR INITIAL
STUDY AND REPORT; AND MAKE THE FINDINGS IN MEMORANDUM OF
JULY 6, 1987 TO THE BUTTE COUNTY PLANNING COMMISSION, A.,
B.,C., D. AND E. AS LISTED; COMPLETING THE FINDINGS UNDER B.
TO READ: BECAUSE SIMILAR USES HAVE BEEN ESTABLTSHED UNDER
CODE R-4 WHTCH INCLUDE THE USE IT IS BEING PROPOSED FOR AND
THEREFORE IT IS NOT INCONGRUOUS; INCLUDE THE CONDTIONS E. 1.
TO 12. RENUMBERING CONDITION' 12. TO 13. AND ADD CONDITION
12. TO READ AS FOLLOWS: AGREE NOT TO OPPOSE AND AGREE TO
MAKE REASONABLE CONTRIBUTION TO THE IMPROVEMENT AND
DEVELOPMENT OF ALLEY FARKING AND ACCESS IN CONNECTION WITH
THE ADOPTION OF AN AREA AND/OR SPEGTFIC PLAN AT SUCH TIME AS
THE PLAN IS ADOPTED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-467 Public hearing - Butte County Planning Commission - proposed negative
declaration regarding environmental impact and amendment to the Butte
County zoning ordinance to implement the Recycling Act of 1986. This
amendment would permit a recycling center within 1/2 mile of each
food store with annual sales of $2 million or more. (CONTINUED CLOSED
TO OCTOBER 6, 1987.) {1980)
87-468 Public hearing - Rolf Dornseif -- appeal of the Violation Committee
conditions of approval on application for determination, AP 56-24-33
(ptn) for property located on the west side of Highway 32
approximately 1,000 feet north of Stage Road, above Forest Ranch.
:c(p)(45)
MOTION: DENY THE APPEAL OF ITEMS 1., 2., 3., 4., 6. AND 7.AS STATED
IN LETTER TO ROLF DORNSEIF FROM DEPARTMENT OF PUBLIC WORKS
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September 22, 1987
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DATED JULY 9, 1987, AND TO ALLOW FOR THE APPEAL OF ITEM 5.
(ROAD ACCESS} WITH THE STIPULATION THAT THE ROAD ACCESS BE
EXTENDED AND IMPROVED TO CURRENT STANDARDS WHTGH TS 16 FEET
AND PAVED.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
87-469 Public hearing - John J. Starr - abandonment of a six-foot and eight-
foot public utility easement, Kelly Ridge Estates No. 3, Lot 41, AP
69-19-41. (73}
MOTTON: APPROVE THE ABANDONMENT BY ADOPTING RESOLUTION 87-243.
M S
VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
87-470 Public hearing -abatement of substandard dwellings (substandard
cabin, mobile home) and illegal dump - Woodleaf Star Route Box 9541.
(247) {CONTINUED CLOSED: AT THE END OF 30 DAYS IF THE CLEAN UP IS
NOT COMPLETED, A HEARING WILL BE REQUESTED BEFORE THE BOARD TO
DECLARE THIS PROPERTY A PUBLIC NUISANCE AND TAKE STEPS TO ABATE IT.)
87-471 Public hearing -- abatement of burned substandard mobile home - 15048
Jack Pine Way, Magalia. (349) (CONTINUED CLOSED: WITHTN 30 DAYS, IF
THERE HAS BEEN NO ACTION TAKEN BY THE PROPERTY OWNERS, A HEARING WILL
BE REQUESTED BEFORE THE BOARD TO DECLARE THIS PROPERTY A NUISANCE AND
PROCEEB WITH THE ABATEMENT PROCEDURES)
RECESS: 10:50 a.m.
RECONVENE: 11:20 a.m.
87-472 County Service Area No. 101 (Fran Shelton Subdivision) - formation of
CSA 101 to provide street lighting and storm drainage maintenance.
(1060)
MOTION: TABLE THE DECISION ON THE FORi~fATION OF COUNTY SERVICE AREA
Nfl. 101 FOR 50 DAYS (TO NOVEMBER 24. 1987) SO THAT WE CAN
SEE IF AN AGREEMENT CAN BE REACHED BETWEEN THE PROPERTY
OWNER OR THE DEVELOPER AND DOWNSTREAM PROPERTY OWNERS
REGARDING SOLUTIONS TO THE DRAINAGE.
S M
VOTE: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
87-473 Consideration of request to cross a one-foot no-access strip on Torey
Pine Road for AP 65-4 7 31, Paradise area. {1260)
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September 22, 1987
September 2~ 1987
MOTTON: GRANT PERMISSION FOR PARCEL b5-47-31 TO CROSS THE ONE FOOT NO -
ACCESS STRIP IN QUESTION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-474 CLOSED SESSION: The Board recessed at 11:49 a.m. to hold a closed
session concerning litigation matters in the County
of Butte vs. City of Chico, cases 340790, 91304,
88b31. At the conclusion of the closed session the
Board will adjourn. (There will be no announcements.)
87--475 Public comment. (PRESENTATTONS WILL BE LIMITED TO FIVE MINUTES. THE
BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON
ANY TTEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (1220) (NONE}
ADJOURNMENT: There being nothing further before the Board at this
time, the meeting adjourned to closed session at 11:49
a.m, to reconvene an Tuesday ~p~ ember 29, 1987 at 9:00
a.m. n II ll
~,`~oard of Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and Clerk of the Board
'~~
By; ,'~
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September 22, 1987