HomeMy WebLinkAboutM100488October 4t 1988
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive. Oroville. Present: Supervisors
Dolan, Fulton, McLaughlin, Vercruse and Chairman McInturf. Martin
J. Nichols,' chief administrative officer; Susan Roff, county
counsel; and Carol Roach, assistant clerk to the Board.
Pledge of allegiance to the Flag of the United States of America.
88-589 Items removed from the Consent Agenda for Board consideration and
action,
1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-13 {PUBLIC GUARDIAN), B-14 {FISH AND GAME COMMISSION), B-15
(BUILDING INSPECTION), AND B-17 {PLANT AND EQUIPMENT
ACQUISITION?.
2. Court planning contracts - contracts have been prepared with Jay
Farbstein and Associates, Tnc. to conduct pre-architectural
planning studies for Superior Court, $17,673 and South County
Municipal Court, $41,584. Budget transfer B-17 has been
prepared to provide the necessary appropriation - action
requested -AUTHORIZE CHIEF ADMINISTRATIVE OFFICER TO SIGH
CONTRACTS ON BEHALF OF THE COUNTY. SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR.
88-590
Consent Agenda
1. Amendment to minutes - September 20, 1988 - action requested -
ANEND ITEM 3,27 ADOPTING ORDINANCE NO. 2707 TO REFLECT ADOFTION
OF ORDINANCES N0. 2707-A THROUGH 2707-L.
2. Berry Creek Community Services District - a resolution has been
prepared giving notice to amend resolution No. 87-269 in
expanding the services of the district to include water
services; street lighting; street repair; and construction and
improvement of bridges, culverts, curbs, gutters, drains, and
works incidental to the purposes of street repair -action
requested -ADOPT RESOLUTION 88-142 SETTING A PUBLIC HEARING
DATE FOR NOVEMBER 1, 1988 AT 11:00 A.M.
Page 300 October 4, 1988
October ~ 1988
3. County library donations - in accordance with Government Code
Section 25355, a donation in the amount of $500 has been
received from the Paradise Friends of the Library for the Butte
County Library Trust for the purchase of books -action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
4. Appointment to Stockton State Hospital Advisory Board -action
requested - APPOINT CAROL ANN TELANDER.
5, Appointment of nominees -declaration of candidacy filed -
action requested -APPOINT NANCY K. RUSSELL AND STEPHEN W.
MILLER TO FOUR YEAR TERMS ON THE LIME SADDLE COMMUNITY SERVICES
DISTRICT, WILLIS L. CREAGLE TO A FOUR YEAR TERM ON THE MAGALIA
COUNTY WATER DISTRICT, ROBERT B. CLARK TO A FOUR YEAR TERM ON
PARADISE IRRIGATION DISTRICT - DIVISION ~1, DAVID H. CANNON TO A
FOUR YEAR TERM ON PARADISE IRRIGATION DISTRICT -DIVISION #5,
WALTER F. ZAHND TO A TWO YEAR TERM ON PARADISE IRRIGATION
DISTRICT - DIVISION ~2, FLOYD HAYCOCK TO A FOUR YEAR TERM ON THE
THERMALITO IRRIGATION DISTRICT - DIVISION #1, CHARLES G. ALLEN
TO A FOUR YEAR TERM ON THE THERMALITO IRRIGATION DISTRICT -
DIVISION ~2, ELDEN JOE BROWN T4 A FOUR YEAR TERM ON THE
THERMALITO IRRIGATION DTSTRTCT - DIVISION #4, WILLIAM A. CARTER
AND PHILLIP B. PRICE TO FOUR YEAR TERMS ON THE CHICO AREA
RECREATION AND PARK DISTRICT, ROBERT D. BULTEMA AND JOHN N,
THORPE TO FOUR YEAR TERMS ON THE DURHAM RECREATION AND PARK
DTSTRTCT, AND JOHN WETZ TO A TWO YEAR TERM ON THE DURHAM
RECREATION AND PARK DTSTRTCT.
6. Ordinance amending Chapter 24 of the Butte County Code Sections
24-54 {segregation o€ hamesites in agricultural zones) and 24-55
{segregation of agricultural processing uses in agricultural
zones) -action requested - INITIATE HEARINGS BEFORE PLANNING
COMMISSION.
7. Report from Director of Planning on Benjamin H. Bos letter dated
August 31, 1988 regarding zoning on AP 445-4b-4-006 _ action
requested - ACCEPT FOR INFORMATION.
S. Public Guardian/Administrator computer equipment - Board
authorization is requested to purchase a 404 watt power backup
unit at an estimated cost of $940 for the department computer
system. Budget transfer B-13 has been prepared to provide the
necessary appropriation - action requested -APPROVE ACQUISITION
OF FIXED ASSET ITEM.
9. Award a bid -fuel tank removal bids have been opened for
removal of a fuel tank at fire station #42 in Chico with the law
bid heing Placer Tractor Service of Loomis, CA in the amount of
$5,640 with $250 per tan for dirt removal - action requested -
AWARD BID TO PLACER TRACTOR SERVICE.
Page 341 October 4, 1988
October ~ 1988
10. Award a bid - tow behind trailer - bids have been opened for the
purchase of a tow behind trailer for the Public Works Department
with the low bidder meeting specifications being Interstate
Trailers, Inc., of Arlington, Texas in the amount of $8.500 -
action requested - AWARD BID TO INTERSTATE TRAILERS, INC.
11. Surplus property - the Purchasing Department has prepared a list
of additional personal property belonging to the county that is
broken, worn out, or without further use to county departments
to be sold at auction on October 8, 1985 - action requested -
DECLARE LISTING OF ADDITIONAL ITEMS AS SURPLUS.
12. Penalty abatement request - change of ownership reports - action
requested - APPROVE PENALTY ABATEMENT REQUESTS AS RECOMMENDED BY
THE CHIEF ADMINISTRATIVE OFFICER.
13. Community Development Block Grant agreement - contract No. 88-
STBG-274 has been prepared with the State Department of Housing
and Community Development to operate the 1987/88 Community
Development Block Grant program in Chapmantown and El Medio -
action requested -ADOPT RESOLUTION 88-143 APPROVING THE
AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLiC WORKS TO SIGN ON
BEHALF OF THE COUNTY, SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR.
14. CDBG administration agreement -the screening committee
appointed by the Board is recommending the selection of Connerly
and Associates, Inc. to administer the 1987-88 community
development block grant - action requested - APPROVE SELECTION
OF CONNERLY AND ASSOCIATES. APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN, SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR.
15. Ordinance adding section 24-42 to the Butte County Code and
amending sections 1-7 and 24-62 of the Butte County Code
regarding code violations - action requested - WAIVE THE SECOND
READING AND ADOPT ORDINANCE 2708.
16. Ordinance amending Section 10-32 of the Butte County Cade
regarding street facility improvement fees in the Chico Urban
Area -action requested - WAIVE THE SECOND READING ANA ADOPT
ORDINANCE 2709.
17. Salary ordinance amendment - the ordinance deletes a position of
vehicle service worker/road maintenance aide and adds a road
maintenance worker I/road maintenance aide position in the
Public Works Department - action requested - WAIVE THE FIRST
READING OF THE ORDINANCE.
Page 302 October 4, 198$
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_'• 1
October ~ 1988
18. Salary ordinance amendment - an ordinance has been prepared
increasing dispatcher clerk's salary by five percent and
supervising dispatcher clerk five percent, creating a new
classification of dispatcher clerk trainee, add an a dispatcher
clerk position and alternately staff four of the nine dispatcher
clerk positions as dispatcher clerk trainee - action requested -
WAIVE THE FIRST READING OF THE ORDINANCE.
19. Salary ordinance amendment -the ordinance changes the
classification title of senior building crafts Worker to
assistant building and grounds superintendent - action
requested- WAIVE THE FIRST READING OF THE ORDINANCE.
20. Family planning contract - a contract has been prepared with the
State Department of Health Services covering FY 1988-H9 and FY
1989-90 in the amount of $40,000 for each year -action
requested -APPROVE CONTRACT NO. 88-93870 AND AUTHORIZE THE
CHAIRMAN TO SIGN.
21. Juvenile Hall medical contract - an agreement has been prepared
with California Forensic medical Group to provide for medical
services in Juvenile Ha11 for a period of one year in an amount
not to exceed $66,500 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN, SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR.
22. Psychiatric service agreement - an agreement has been prepared
with Gerald Maguire, M.D. in an amount not to exceed $18,700 to
provide psychiatric services to the Mental Health Department
covering the period September 1, 1988 through December 31,
1988 - action requested -APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
23. Esplanade Manor contract - an agreement has been prepared in the
maximum amount of $110.557 covering regional socialization
program services from July 1, 1988 through June 30, 1989 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN, SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR.
24. Homeless services proposal - a proposal has been prepared for
submission to the State Department of Mental Health for the
utilization of $18,774 in total state funds far homeless
services - action requested - AUTHORIZE THE MENTAL HEALTH
DEPARTMENT TO SUBMIT THE PROPOSAL TO THE STATE.
25. Advisory board member travel - Board authorization is requested
to authorize Carolyn Hewitt, Chairperson of the Alcohol Advisory
Board to attend the California Conference on Alcohol Problems,
September 28-29 in the amount of 5120 covering conference
registration - action requested - APPROVE REQUEST FOR TRAVEL AND
AUTHORIZE REIMBURSEMENT OF REGISTRATION FEE.
Page 303 October 4, 1988
October 1 1988
2G. Advanced Step hiring - Secretary I -Board authorization is
requested to hire a Secretary I in the Administrative Office up
to the "B" step of the salary range -action requested -
AUTHORIZE ADVANCED STEP HIRING.
27. Surplus property - an amended list of additional personal
property to be sold at the October 8, 1988 auction has been
submitted -action requested - DECLARE LISTING OF ADDITIONAL
ITEMS AS SURPLUS.
28. Increase in county contribution to medical plan benefits for
appointed and elected department heads - to provide appointed
and elected county department heads with similar benefits
provided other employees through the meet and confer process, it
is proposed to increase the county's contribution to employee
medical benefits. Recommended is an increase in the monthly
county contribution as follows: employee, $12.92 per month;
employee plus dependent, $23.61; and employee plus family $30.10
per month -action requested -APPROVE RECOMMENDATION TO
INCREASE COUNTY CONTRIBUTION FOR APPOINTED AND ELECTED
DEPARTMENT HEADS.
29. Westlaw subscriber agreement cancellation -County Counsel
proposes to cancel the Westlaw subscriber agreement (account No.
832-392-546} -action requested - AUTHORIZE COUNTY COUNSEL TO
SEND LETTER OF CANCELLATION.
MOTION: MOPE TO APPROVE THE CONSENT AGENDA WITH REMOVAL OF ITEMS
3.02 AND 3.21.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda
88-591 Items removed from the Consent Agenda for Board consideration and
action.
1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
8-13 (PUBLIC GUARDIAN}, B-14 (FISH AND GAME COMMISSION}~ B-15
{BUILDING INSPECTION}, AND B-17 (PLANT AND EQUIPMENT
ACQUISITION}.
2. Court planning contracts - contracts have been prepared with Jay
Farbstein and Associates, Inc. to conduct pre-architectural
planning studies for Superior Court. $17,673 and South County
Municipal Court, $41,584. Budget transfer B-17 has been
prepared to provide the necessary appropriation - action
requested - AUTHORIZE CHIEF ADMINISTRATIVE OFFER TO SIGN
CONTRACTS ON BEHALF OF THE COUNTY, SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR.
Page 304 October 4, 1988
October 4~ 1988
MOTION: MOVE TO APPROVE CONSENT AGENDA ITEMS 3.02 AND 3.21.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
88-592 Appointments - commissions and committees. {120}
a. Appointment of nominees where a declaration of candidacy form
has not been filed for the November 8, 1988 uniform district
election -action requested - MAKE APPOINTMENTS TO LIME SADDLE
COMMUNITY SERVICES DISTRICT, MAGALTA COUNTY WATER DISTRICT,
DURHAM IRRIGATION DISTRICT. AND RICHVALE RECREATION AND PARK
DISTRICT. (CONTINUED TO 10/18/88)
b. Appointments to committee vacancies. {HONE}
88-593 Consideration of request by Webb Homes far a letter to be written to
the City of Chico extending the Chico sewer service area to
Greenfield and Amber Grove I and IT subdivisions - action
requested - AUTHORIZE LETTER TO CITY OF CHICO. {143)
MOTION: MOVE TO AUTHORIZE COUNTY COUNSEL TO SEND A LETTER TO THE
CITY Off' CHICO AS OUTLINED INCLUDING 'THE FOLLOWING SPECIFIC
POINTS: {1} THEIR RESPONSIBILITY OF LEAD AGENCY; {2) fiHE
ENVIRONMENTAL REVIEW NECESSARY; AND (3) ADOFTION OF fiHE
MASTER PLAN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
88-594 Award a bid - 3.242-].244 Bruce Street demolition - bids have been
opened for the demolition of five woad frame dwelling units and
toilet/shower building with the low bidder being Clarence Stengel
Excavating of Chico in the amount of $5,030. Budget transfer B-16
has been prepared transferring moneys from the Appropriation for
Contingencies to provide the appropriation -action requested -
APPROVE BUDGET TRANSFER B-16 AND AWARD BID TO CLARENCE STENGEL
EXCAVATING. {495)
MOTION: MOVE TO APPROVE BUDGET TRANSFER B-16 AND AWARD BID TO
CLARENCE STENGEL EXCAVATING CONTINGENT UPON RECEIVING AN
ORDER FROM THE COURT ENABLING THE COUNTY TO PROCEED WITH
DEMOLITION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88-595 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. (548)
Page 3fl5 October 4, 3.988
October ~,~, 1988
MOTION. HAVING REVIEWED THE ENVIRONMENTAL REVIEW CHECKLIST, I MOVE
TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL TMFACT
WITH ONE MITIGATION MEASURE FOR THE LYNN HARDY TENTATIVE
SUBDIVISION MAP TO CREATE SIX PARCELS ON AP 55-14-23, 24,
25, 26, 28 AND 28, FINDING THAT THIS PROJECT IS IN
CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN AND BUTTE
COUNTY ZONING AND WILL NOT HAVE A STGNTFTCANT TMFACT ON THE
ENVIRONMENT PROVIDED THE ADOPTED MITIGATION MEASURE IS
COMPETED WITH. T FURTHER MOVE TO UPHOLD THE APPLICANT'S
APPEAL OF THE ADVISORY AGENCY'S DENTAL OF THE PROJECT AND
APPROVE THE PROJECT SUBJECT TO PUBLIC WORKS' CONDITIONS 1
THROUGH 13 AS FOLLOWS: {1} SUBMIT ROAD AND DRAINAGE PLANS
TO THE DEPARTMENT OF PUBLIC WORKS FOR APPROVAL AND INSTALL
THE REQUIRED FACILITIES „ (2) PROVIDE 20 FEET RADIUS
PROPERTY LINE RETURNS AT ALL STREET INTERSECTIONS., {3}
INDICATE A 50 FOOT BUILDING SETBACK LINE FROM THE RIGHT-OF-
WAY LINE ON STATE HIGHWAY 32., (~) STREET SIGNS SHALL BE
PROVIDED BY THE DEVELOPER AT ALL STREET INTERSECTTQNS PER
COUNTY REQUIREMENTS. {SUBMIT FIVE ALTERNATE NAMES FOR EACH
STREET TO THE COUNTY ADDRESS COORDINATOR FOR APPROVAL OF
STREET NAMES.)., {5) CONSTRUCT FULL STREET SECTION ON PLATT
MOUNTAIN ROAD TO RS--7 GEOMETRIC STANDARD. SUBMIT DESIGN TO
COUNTY DEPARTMENT OF PUBLIC WORKS FOR APPROVAL. "R" VALUE
DETERMINATIONS AND OTHER DATA MAY BE REQUIRED TO SUPPORT
SECTION DESIGN., {6) PROVIDE MONUMENTATION AS REQUIRED BY
THE DEPARTMENT OF PUBLIC WORKS IN ACCORDANCE WITH ACCEPTED
STANDARDS., (7} STREET GRADES AND OTHER FEATURES SHALL
COMPLY WITH THE BUTTE COUNTY ORDINANCES, DESIGN RESOLUTION
AND OTHER ACCEPTED ENGINEERING STANDARDS., ($) ALL
EASEMENTS OF RECORD TO BE SHOWN ON THE FINAL MAP., (9) MEET
REQUIREMENTS OF BUTTE COUNTY FIRE DEPARTMENT OR OTHER
RESPONSIBLE AGENCY., {10) PAY OFF ASSESSMENTS., {11} MEET
THE REQUIREMENTS OF THE UTILITY COMPANIES {I.E., PG&E,
PACIFIC TELEPHONE WATER, SEWER).. (12} PAY ANY DELINQUENT
TAXES OR CURRENT TAXES AS REQUIRED., AND (13} DEVELOPER
SHALL PROVIDE ALL NECESSARY TRAFFIC SAFETY SIGNS INCLUDING
STOP SIGNS; ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS ONE
THROUGH THREE AS FOLLOWS: PROVE THAT THE REQUIRED
QUANTITIES OF DOMESTIC WATER ARE AVAILABLE TO EACH PARCEL.,
{2} PRIOR TO RECORDING A FINAL MAP, PROVIDE VERIFICATION
EACH PARCEL CONTAINS THE REQUIRED USABLE SEWAGE DISPOSAL
AREA „ AND (3) MEET REQUIREMENTS OF THE REGIONAL WATER
QUALITY CONTROL BOARD.; AND PLANNING DEPARTMENT CONDITIONS
AS FOLLOWS: {2) NOTE ON THE SHEET RECORDED WITH MAP: WELLS
LESS THAN 200 FEET DEEP MAY BE SUPPLIED THROUGH A PERCHED
WATER TABLE. IT IS RECOMMENDED THAT ALL DOMESTIC WELLS BE
DEEPER THAN 200 FEET., {3) NOTE ON THE SHEET RECORDED WITH
MAP: ANY FUTURE WELLS TO BE SET BACK 50 FEET FROM INTERIOR
LOT LINES AND 104 FEET FRAM EXTERIOR LOT LINES.. (4}
INDICATE A 50 FOOT BUILDING SETBACK FROM INTERMITTENT
Page 306 October ~, 1988
~-
October 4L 1988
STREAMS AND A 100 FOOT BUILDING SETBACK FROM PERMANENT
STREAMS TO MAINTAIN CRITICAL WILDLIFE HABITAT.. {6)
MAINTAIN A l0O FOOT NO RESIDENTIAL DEVELOPMENT SETBACK FROM
THE SOUTH PROPERTY LINE AS SHOWN ON THE TENTATIVE MAP., (7)
PATCH THE PAVED PORTION OF PLATT MOUNTAIN ROAD TO THE
SATISFACTION OF THE DEPARTMENT OF PUBLIC WORKS., {8)
ELIMINATE ANY PILES OF DEAD BRUSH PURSUANT TO CDF AND ATR
POLLUTION CONTROL DISTRICT REQUIREMENTS., (9) MEET THE
REQUIREMENTS OF THE GRADING ORDINANCE., AHD {10) MEET THE
REQUIREMENTS OF CALTRANS INCLUDING BUT NOT LIMITED TO ANY
IMPROVEMENTS NECESSARY TO THE INTERSECTION OF PLATT
MOUNTAIN ROAD AND HIGHWAY 32; AND THE FOLLOWING MITIGATION
MEASURE: PLACE THE FDLLOWING NOTE ON THE FINAL MAP:
"OWNER AGREES, PRIOR TO ISSUANCE OF BUILDING PERMITS, TO
PAY DEER HERD MITIGATION FEES AS MAY BE REQUIRED BY COUNTY
ORDINANCE. OR RESOLUTION. OWNER ACKNOWLEDGES THAT NO SUCH
ORDINANCE OR RESOLUTION TS IN EFFECT AS OF THE DATE OF THIS
TENTATIVE MAP APPROVAL."
M S
VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried?
88--596 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-
11+ eight parcels located on the east side of Williams Road
approximately 4,$00 feet north of Durham-Pentz Road, Butte College
area. (593)
MOTION: HAVING REVIEWED THE ENVIRONMENTAL REVIEW CHECKLIST, I MOVE
TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR
THE CARROLL BULTEMA TENTATIVE PARCEL MAP TO CREATE EIGHT
PARCELS ON AP 41-10-10 AND AP 41-13-11, FINDING THAT THIS
PROJECT TS TN CONFORMANCE WITH THE BUTTE COUNTY GENERAL
PLAN AND BUTTE COUNTY ZONING AND WILL NOT HAVE A
SIGNIFICANT IMPACT ON THE ENVIRONMENT. I FURTHER MOVE TO
DENY THE APPEAL OF THE ADVISORY AGENCY`S APPROVAL OF THE
PROJECT AND APPROVE THE PROJECT SUBJECT TO THE CONDITIONS
0~' APPROVAL AS FOLLOWS: PUBLIC WORKS CONDITIONS: {1}
PROVIDE TWO-WAY TRAVERSABLE ACCESS RS-8-LD-IT TO EACH
PARCEL FROM A COUNTY MAINTAINED ROAD OR STATE HIGHWAY., {2)
ACCESS TO BE RESERVED IN DEEDS AS PER COUNTY ORDINANCE AND
OFFERED FOR DEDICATION ON THE FINAL MAP., (3} SHOW 50 FOOT
BUTLDTNG SETBACK LINE MEASURED FROM CENTERLINE OF ACCESS
EASEMENT., (4) PROVIDE ROAD MAINTENANCE AGREEMENT., (5)
INDICATE A 50 FOOT BUTLDTNG SETBACK FROM THE CENTERLINE OF
WILLIAMS ROAD.. E6) SHOW ALL EASEMENTS OF RECORD ON THE
FINAL MAP., (7) PROVIDE STREET NAME SIGNS PER REQUIREMENTS
OF THE DEPARTMENT OF PUBLIC WORKS PRIOR TO RECORDATION OF
THE FINAL MAP.. {$) PROVIDE CUL-DE-SAC AT THE END OF THE
Page 307 October 4, 1988
October ~ 1988
STREET „ {9) PAY ANY DELINQUENT TAXES OR CURRENT TAXES A5
REQUIRED., AND (10) MEET THE REQUIREMENTS OF THE BUTTE
COUNTY FIRE DEPARTMENT. HEALTH DEPARTMENT CONDITIONS:
(11) PROVIDE A 100 FOOT LEACHFIELD FREE SETBACK AROUND
EXISTING WELLS EITHER WTTHTN THE PROPERTY OR WITHIN 100
FEET flF THE PROPERTY BOUNDARIES ON PARCEL b., {12) SHOW A
50 FOOT LEACHFIELD SETBACK FROM THE DRAINAGE WAY ON PARCELS
1, 4, 5, 6, 7 AND 8., (13) SHOW A 100 FOOT LEACHFIELD
SETBACK FROM THE HTGHWATER LINE OF THE CREEK ON PARCELS 4,
6, 7 AND 8,, (14) INDICATE ON THE MAP THAT AREAS WITH
SLOPES IN EXCESS OF THIRTY PERCENT ARE UNSUTTABLE FOR
SEWAGE DISPOSAL., (15l SHOW THE USABLE SEWAGE DISPOSAL AREA
PROVEN TO MEET THE REQUIREMENTS OF THE SUBDIVISION
ORDINANCE ON PARCELS 1, 2, 3, 4, 5, 7 AND 8., (16) SHOW THE
UNSUTTABLE AREAS WITH HIGH WATER TABLES (SWAMPY, WET AREAS}
FOR SEWAGE DISPOSAL ON ALL PARCELS., (i7) PLACE A NOTE ON
THE MAP THAT NO WATER WELL MAY BE LOCATED WITHIN 100 FEET
OF TAE USABLE SEWAGE DISPOSAL AREA ON PARCELS 1, 2, 3, 4,
5r 7 AND 8., ANA (18) PROVE THAT THE REQUIRED QUANTITIES OF
DOMESTIC WATER ARE AVAILABLE TO PARCELS ONE THROUGH EIGHT
BY DRILLING AT LEAST TWO ADDITIONAL WELLS PRIOR TO
RECORDING FINAL MAP. ADDITIONAL WELLS MAY BE REQUIRED
DEPENDING QN OBSERVED WELL PRODUCTION. PLANNING DEPARTMENT
CONDITIONS: (19) FLACE A NOTE ON THE FINAL MAP STATING "NO
BUILDING PERMITS ISSUED WTTHTN THE AREA SHOWN AS SITE 1,
MAP 3 OF THE ARCHAEOLOGICAL SURVEY DATED MAY, 1988, UNTIL
ARCHAEOLOGICAL CLEARANCE IS OBTAINED., {20) SHOW ON THE MAP
A VEGETATION RETENTION ZONE TN THE AREA OF RIPARIAN
HABITAT. THE VEGETATION RETENTION ZONE IS TO BE FROM 50-
150 FEET WIDE ALONG THE EXISTING CREEKS WHERE RIPARIAN
HABITAT OCCURS., (21) SHOW A 25 FOOT NO-DEVELOPMENT ZONE
ALONG THE NORTHERLY BOUNDARIES OF PARCEL i AND 4., AND {22)
SUBMIT INTERIOR ROAD PLANS TO THE BUTTE COUNTY DEPARTMENT
OF PUBLIC WORKS FOR APPROVAL AND MEET ANY CONDITIONS PLACED
UPON THOSE PLANS OR OBTAIN A GRADING PERMIT. PLACE THE
FOLLOWING NOTE ON THE FINAL MAP: "OWNER AGREES TO
PARTICIPATE IN ANY TYPE OF DISTRICT FORMED FOR THE
IMPROVEMENT OR RECONSTRUCTION OF WILLIAMS ROAD."
M S
VOTE: 1 Y 2 N 3 Y 4 Y 5 Y {Motion carried?
$8-597 DISCUSSION OF NITRATE ACTION PLAN:
a. Consider county comment on proposed septic tank moratorium by
State Regional Water Quality Control Board. (627)
Page 308 October 4, 1988
October 4 19$8
MOTION: MOVE THAT THE BOARD AUTHORIZE THAT OUR COUNTY POSITION TO
THE PROPOSED PROHIBITION ORDER BE DRAFTED ALONG THE THEMES
AS RAISED HERE TODAY; SIGNED BY THE CHAIRMAN, AND DELIVERED
BY THE DEADLINE OF OCTOBER 13, 1988.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
b. Consider date for joint meeting with City of Chico on the
amended Nitrate Action Plan. (850)
MOTION: MOPE THAT WE ADOPT THE AMENDED NITRATE ACTION PLAN ON A
REGULAR AGENDA, AND IF THERE IS A NEEDED JOINT MEETING WITH
THE CITY OF CHICO, THAT THE COMMITTEE OF SUPERVISORS DOLAN
AND VERCRUSE CONTINUE TO ADDRESS THE MATTER.
M 5
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88-598 Board of Supervisors comments to report of the 7.987-88 Butte County
Grant Jury - action requested - APPROVE COMMENTS. (972)
MOTION: MOVE TO APPROVE THE RESPONSES.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 9:48 a.m. for a closed
session on meet and confer and pursuant to
Gavernment Code Section 54956.9(b?, potential
litigation regarding a grading ordinance issue.
RECONVENE: The Board reconvened at 7.7.;01 a.m. following a clased
session an meet and confer and potential litigation
regarding a grading ordinance issue. (1110)
{SUPERVISOR McLAUGHLIN ABSENT?
MOTION: MOVE TO AUTHORIZE THE COUNTY COUNSEL'S OFFICE INITIATE
LITIGATION TO ABATE A PROBLEM REGARDING THE GRADING OF SOME
PROPERTY.
{SUPERVISOR McLAUGHLIN PRESENT)
S M
VOTE: 1 Y 2 Y 3 Y 4 NV 5 Y (Motion carried)
PUBLIC HEARINGS AND TIMED ITEMS
{NEIL McCABE, DEPUTY COUNTY COUNSEL REPRESENTING SUSAN ROFF, COUNTY
COUNSEL)
Page 309 October 4, 1988
October ~ 1988
$$-599 Public hearing -Barnhart-Brown & Associates on behalf of Gary
Honroth and Mr. and Mrs. Frank Harvey, appeals the Advisory Agency's
denial of tentative parcel map {proposed negative declaration with
environmental mitigations}, AP 73-15--23, property located on two
parcels on both sides of Robinson Mill Road approximately three
miles south of Forbestown Road, Farbestawn area. {1134)
MOTION: IN ORDER THAT THE ROAD TS NOT THE CRITERIA FOR
DETERMINATION OF SOME FUTURE SITUATION. I MOVE TO UPHOLD
THE APPEAL BASED UPON THE INCLUSION 4F THE TWO PARCELS, AND
THAT THE FOLLOWING NOTE BE PLACED ON THE FINAL MAP: "OWNER
AGREES, PRIOR TO ISSUANCE OF BUILDING PERMITS, TO PAY DEER
HERD MITIGATION FEES 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 THIS TENTATIVE
MAP APPROVAL."
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
RECESS; 11:15 a.m.
RECONVE NE: 11:30 a.m.
88-600 Public hearing - renaming of a private road in the Oroviile address
area from Archuleta Lane (Oroville-Quincy Highway to end) to
Sunflow er Lane. (1550)
MOTION; MOVE TO ADOPT RESOLUTION 88-144 RENAMING A PRIVATE ROAD IN
THE 4ROYILLE ADDRESS AREA FROM ARCHULETA LANE {OROVILLE-
QUINCY HIGHWAY TO END} TO SUNFLOWER LANE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88-601 Public hearing - renaming of a private road in the Oroville address
area from Wilton Way {Lone Tree Road to end} to Circle "G" Ranch
Road. {1590)
MOTTpN: MOVE TO ADOPT RESOLUTION $8-145 RENAMING A PRIVATE ROAD TN
THE OROVTLLE ADDRESS AREA PROM WILTON WAY (LONE TREE ROAD
TO END} TO CIRCLE "G" RANCH ROAD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
88-602 Mental Health Beilenson hearing. {1627} {**00)
{ROBERT GLUSMAN REPRESENTING THE COUNTY COUNSEL'S OFFICE)
Page 310 October 4, 1988
October 4y 19$8
{COUNTY COUNSEL STATED, IN CONCURRENCE WITH THE COMMENTS OF THE
MENTAL HEALTH DIRECTOR, THAT THE COUNTY DOES NOT BELIEVE A BEILENSON
HEARING TS NECESSARY ON THIS KIND OF CHANGE IN PROGRAM. HOWEVER, WE
DO CONCUR THAT TAE BEILENSON HEARING SHOULD GO FORWARD JUST TO COVER
ALL BASES. THE COUNTY DOES NOT WAIVE THEIR ARGUMENT AS TO WHETHER A
BEILENSON HEARING IS NECESSARY SHOULD THIS MATTER PROCEED ANY
FURTHER.)
MOTION: MOVE TO MAKE A FINDING BASED ON EVIDENCE AND TESTIMONY
PRESENTED AT THE HEARING THAT THE PROPOSED ACTION WILL NOT
HAVE A DETRIMENTAL IMPACT ON THE HEALTH CARE NEEDS OF
INDIGENTS OF THE COUNTY, AND THAT THIS FINDING IS MADE ON
THE BASIS THAT THIS ACTION DOES NOT REDUCE THE NUMBER OF
BEDS IN THE SYSTEM OR THE LEVEL OF CARE AVAILABLE TO
CLIENTS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Reuular Agenda
88-603 Memorandum of understanding with law enforcement general and law
enforcement management/supervisory units - action requested - RATIFY
MEMORANDUMS OF UNDERSTANDING. {835)
MOTION: MOVE TO RATIFY MEMORANDUMS OF UNDERSTANDING.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
CLOSED SESSION: The Board recessed at 12:30 p.m. for a closed
session on actual litigation pursuant to
Government Code Section 54956.9{a} as follows:
County of Butte vs. Vukosich Ashoenemiro and
Raymond Baxter vs. County of Butte.
RECONVENE; The Board reconvened at 12:47 p.m. following a closed
session on actual litigation. ENO ANNOUNCEMENTS}
Communications
88-604 Communications received and referred. {COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE TN THE CLERK OF THE BOARD OFFICE.)
a. Sanford McLaughlin, et al, Chico -- a letter signed by 18 persons
has been received concerning an alleged violation of the A-10
zoning applicable to Grape Way in the Chico area -action
requested - REFER TO PLANNING FOR REPORT AHD RECOMMENDATION.
Page 311 October 4, 1988
October 4...,~ 1988
b. Clayton and Lana Gunn, Paradise -files notice of non-renewal of
Williamson Act contract for Lucky 7 Ranch, Inc., AP 041-13-0-
419-0 and AP 038-15-4-426-4 - action requested -ACCEPT FOR
INFORMATION AND REFER TO ASSESSOR AND PLANNING DIRECTOR.
88-605 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES,
THE BOARD OF SUPERVISORS IS PROHIBITED BY SfiATE LAW FROM TAKING
ACTION ON ANY ITEM PRESENTED IF Ifi iS NOT LISTED ON THE AGENDA.}
(NONE}
RECESS: There being nothing further before the Board at this time,
the meeting was adjourned at 12:48 p.m. to reconvene on
Tuesday, October 18. 1988 at 9:40 a.m.
ATTEST:
Chairman, Board of Supervis
MARTIN J. NICHOLS, hief Administrative Officer
and C1 rk of the B rd of Supervisors
By' @~.
Page 312 October 4, 1.98$