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HomeMy WebLinkAbout69-143~. BOARCD OF SUPERVISORS COUNTY-OF BUTTE. STATE OF CALIFORNIA _ _ - _ u Resolufion No ~ ~~ l 3 RESOLUTION CONFIRMING AND RATIFYING AREA PLANNING COMMISSION AND COOPERATIVE AGREE- MENT BETWEEN THE CITIES OF OROVILLE, BIGGS, GRIDLEY, CHICO, AND THE COUNTY OF BUTTE WHEREAS, this board, on April 15, 1969, approved the Cooperative Agreement for the formation of the Butte County Association of Governments, which was formed pursuant to Article 11, Chapter 3, Title 7, of the Government Code of the State of California; and WHEREAS, said agreement forms an Area Planning Commission pursuant to Government Code Section 65600, et. seq., including the Cities of Chico, Gridley, Biggs, and Oroville, and the County of Butte; and WHEREAS, said agreement has been executed in various counter- parts by the cities and this county, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, that the Area Planning Commission, formed pursuant to said agreement, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein as if set forth in full, is hereby deemed established, and the execution of said agreement by this county is hereby confirmed and ratified. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 12th day of August, 1969, by the following vote: AYES; Supervisors Dunaway, Howsde Maxon, Reyn and Chairman McKillop NOES: None ABSENT: None JC Mc P, Ca' mano e ATTEST: to County Board of Supervisors CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board of Supervisors By ~ ~ ~, ~' , . COO P,_ ~1TIVE AGREE."t.r.:~iT FOR TIE F~ :IATIOT OF THE BUTTE COUNTY ASSOCIATION OF GCV;;:2t3tfENTS THIS OOOPERATIVE AGREEMENT, made and entered into this 15th 1 day of April, 19b9, by and between the `County of Butte, a '- 2 political subdivision of the State of California,, the City of 3 BigGs, the City of Chico, the City of Gridley, and the City of el Oroville, each of which is a municipal .corporation forned under 5 the laws of the State of California, • g W I T N E S S E T H ry WHEREAS, the governing-body of each of the aforementioned ,- 8 political subdivisions and municipal corporations has duly adopted g a resolution, endorsing and authorizing the formation of an Area 10 Planning Association, consisting of representatives of each of it such political subdivisions and municipal corporations, to provide. w - 22 a body, regional in nature, with the responsibility to perform ~3 comprehensive planning in the County of Butte; and- 14 WHEREAS, pursuant to Article Eleven Chapter 3 of Title 7 25 of the Government Code of the State of California, any two or more ~g political subdivisions may enter into a cooperative agreement for Z7 'the establishment of an Area Planning Commission, lg l~0id, THEREFORE, pursuant to the authority and direction 7,g of the resolutions hereinabove referred to, adopted by each of the 20 political subdivisions who are parties hereto, and pursuant to the 2i authority of California Statutes and in consideration of the 22 mutual covenants and agreements herein contained, it is hereby 23 Covenanted and agreed by and bet^aeen the aforesaid entities, and. 2~ each of them, their and each of their successors, as follows: 25i ARTICLE I 26 A. The Butte County Association of Gove-rn«:e:~ts (herein- 27 after referred to as the "Association"), is hereby created and 28 established ~•rith such po~•re°s, duties, functions and responsibili- 29' ties as hereinafter set forth. ~ - 30i ~ ARTICLE II ' 31 i. A. The voting members of the Association, each of whom ' 32~,shall serve without compensation, shall consist of the five (~) 1 2 3 4 5 6 . 7 .8 9 -10 . 11 12 13 14 - 15 16 17 18 19 20 2Z - 22 23 24 2~ = 2s 27 -28 29 30 3 ]. 32 ;' ' mambers of the Butte County Board of Supervisors and one elected official from each city to be selFCted by the governing. body of each city from a~:ong its members. ~ _ B. In addition to its voting member each participating - entity shall be entitled to one.non-voting representative to be selected from its Planning, Engineering, or Administrative staff. The non-voting r?prPSeritatives shall be knoi~~n as the Technical ' Committee. In the absence of an employed staff by the Associatior the Technical Committee shall serve as staff, and one member of the Technical Committee t~*ill be appointed by the Association to serve as Director thereof.. ~, C. Each representative on the Association, voting and non- voting, shall serve at the pleasure of the governing body of the political entity appointing him.. ' D. Officers of the Association shall consist of a Chairmar and a Vice Chairman, both of whom must be voting members of the Association, and shall be elected by the majority vote of the + Association at its regular meeting held in June of each year and shall serve for a term of onevCl) year, except that the initial Chairman and Vice Chairman shall be elected.at the first meeting of the Association and shall serva~ until the regular Jung meeting held in 19b9: E. In the event of death, resignation, or removal of a member or officer of the Association, the body which appointed him shall appoint a successor. F. The Association shall meet at Least once in every quarter of the calendar yaar at the time and place s.s provided in the by-laws. ~ ' ' _ AZTICL~; III By-lases shall be prepared by the Association and adopted ~, by majority vote of the Association, pursuant to ~ehich regular and special meetings of the Association shall be called, held and i 2 - 3 5 6 7 -8 9 • 10 . -. 13 32 13 34_ 35 16 37 28 19 - 20 21 ~~ - 22 23 24 i 25 26 27 28 ~. 23 30 31 32 conducted, and containing other appropriate provisions for the transaction of business and the duties and the po~•rers of the Chair- man and such otha_r officers as may be appointed, ~•:hich by-lat•,~s may be am?nded from time to time by the majority vote of the Associ- ation. . ARTICI,~' IV A. The Association shall prepare annually a budget for the ensuing fiscal-year and shall, prior to riarch 1-of each year, - submit the same for ratification to the governing body of each parL'icipating entity which contributes to the budget. The County of Butte and incorporated cities shall be the contributing entit- ies and, upon ratification of such budget, each such contributing ~ - entity shall finance that portion of the budget the funds for which are not made available through grant, gift, or other source pursuant to California Statutes, or-other Iaw. - B. It is assumed th at, from time to time, special assess- ments for planning and related activities and projects twill be ~nocessary. Such special assessments shall be made upon those entities which are directly benefited by the plan or project and• according to an agreement with the benefiting entities. Thp use o eriployeps of the benefiting entities shall be taken into consider- ation trhen determining their respective shares of such special assessments. - - C. The Association may employ consultants when the costs o such Plmployment are budgetQd or, in the case of a prof ?ct for whici~ special assessments are to be levied pursuant to Paragraph B of this Article, i•:hen the entities benefiting from such project shall have agreed to bear the costs of such e~:~ployment. D. Any •espenditures in accord i•:ith the approved budget for which funds are allocated shall be approved by the Association and. disbursed by the County. 3. ii l 1 ~ ARTICLE' V 2 A. The primary responsibility anal function of .the Associ- 3 align shall be to prepare and adopt a comprehensive long range 4 general plan for the physical development of the County of Butte, S .with the provision that such plan shall incorporate ;here feasible 6. the plans of any. participating entity. The comprehensive long 7 range gena_ral plan shall be known as-the General Plan and shall bed g so propared that all or portions thereof may be adopted by the 9 legislative body o.f Pach entity as a basis for comprehensive IO planning in the County of Butte. 3~7. 1. The general plan shall consist of a statement of . 12 development policies, and shall 'include diagrams and text setting ~.13 forth objectives, principles, standards, and plan proposals. The 14 plan shall includo the following elements: 25 Ca) Aland use element which, designates the proposed 16 general distribution and general location and extent of the uses o 17 the land for housing, business, industry, agriculture, recreation, 18 •education, public buildings and grounds, and other categories of lg public and private uses of land. The land use element shall in- 20 elude a statement of the standards of population density and 21 building intensity recommenda_d for tha_ various districts and other . 22 territory covered by the plan. 23 Cb) A circulation e1e^ent consisting of the general 2? location and ?xtent of existing and propos?d major thoroughfares 25 transportation routes, terminals, and other local public utilities, 26 and facilities, all correlated with the land use eler.:ent of the 27 plan. ~ ' ~28 2. Tha_ gen?raI plan may include the following elements or 29; any par;. or phase Chereof: 30 Ca) A conservation element for the conservation, d?vzI 31 opment, and utilization of natural resources including z:~ater, 32 soils, rivers and other ~;aters, fisheries, wildlife, minerals, and 1 2 _ ~ 4 5 6 9 10 I~. 12 13 -14 15 36 17 28 19 20 21 - 22 23 24 2S 2s 27 28 . 29 3D 31 32 :other natural resources. The conservation element may also cover j Cl) The reclamation of land and waters. C2) Flood Control. - C3) Prevention and control of the pollution of streams. and ather waters. • (~) -Regulation of the use of land and stream channels and other areas squired for the accomplishment of the conservation plan. o C5) Prevention, control, and corrections of the erosion of soils. - C6) Protection of watersheds. - Cb) A recreation element-showing a comprehensive system of areas and public sites-for recreation, including the following and when practicable, their locations and proposed development; C1)~ Natural reservations. -. C2) Parks. - ~' C3) Par kways . - C4) Playgrounds. - C5) Other recreation areas. ~(c) The circulation eler.~ent may also includa_ recommend- ations concerning par'~inp facilities and building setback lines an' the delineations of such systems on the land; a system of street naming, h.ous~ and building numbering, and such other matters. as may bP related to the improve:~ent of circulatioq of traffic. Cd) An airport plan sho;aing existing and proposed airport locations and their related facilities and proposed development thereof. Ce•) A public ser~•ices and facilities element sho*.•:ing gen- eral plans for. se:•;erao©, refuse disposal, drainage, and local utilities, and ri;hts-of-~aay, easements, and facilities for them. (f) A public buildins element shoi•~ing locations and arran;ements of civic and community centers, public schaols, 5. is I, i! 1 libraries, police and fire stations, and other public buildings, 2 including their architecture and the landscape treatment of their 3 grounds. Q (g) A community design e1~:nPnt consisting of standards and - { 'principles governing the subdivision of land, and showing re- - 6 commended designs far con1:•unity-and neighborhood development and 7 redevelopment, including sites .for schools, parks, playgrounds and ~g other uses. - - ' g (h) A housing element consisting of standards and plans 10 for the elimination of substandard dwelling conditions, the improve 11 meat of housing-and for provision of adequate sites for housing. 12 This element of the plan should endeavor to make adequte provision 13 for the hoeising needs of all segments ~of the community regardless 14 of race, color, or economic Level. ~ ~ • 15 3. The Association may prepare and adopt, as part of the 16 General Plan, other and additional plans and reports dealing with 17 such. other subjects as may in its judgment relate to the physical 'lg development of the County of Butte, and nothing contained in this Zg .Agreement shall be deemed to prohibit the preparation and adoption ~0 of any such subject as a part of the ,General Plan.. -21 B. The Association shall also revie~•r aII applications-for • gg .federal funds by any participating entity wherein such reviPZ•r is a 23 requirement of the particular federal aid program involved; pro- ' 24 vided, hos,ever, that in the event the Association, for any reason, 25 fails to ta'~ce any action on any such application within thirty (30) 26 days following its submission thereto or, having taken action is 27 unable to complete its revie~•r and to cor;~-nPnt on such application 2S within sixty (60) drys follo~~;ing its submission, the ap~Iying Zg entity may proceed with its application for assistance without 30 such rec=ie~•r and co^.~.mont. • ~ - 31 C.~ The Association shall act in an advisory. planning capa- 32 city to the participating entities and shall make recom~^endations . ~ i Iii ~ to them through their respective Planning Commissions; provided, 2 however, that the Association shall in no way supersede the ~ planning body of any of the participating entities, but shall be ' ~ supplementary thereto. 6 ARTTCLE VT . 6 A.. The term of-this Cooperative Agreement shall be for a '- 7 period of ten {10) years from the date of execution herecf. This $ agreement may be extended by the unanimous approval of the govern- 9 ing body of member entities of the Association for additional ten IO (10} year terms. 11 B. This Cooperative Agreement may be terminated prior to 12 the expiration of such term by any entity a part hereto, provided 13 said entity gives the Association thirty (30) days written notice ; 14 of said entity's intent to withdraw. In the event an entity does 15 withdraw, the Association shall continue at the discretion of the • 16 remaining entities party hereto, and provided further, that such- - 17 termination shall not be effective unless and until adequate ~, 18 provisions shall have been made for the assumption by the then • ~ls` participating political subdivisions of all outstanding indebt- 20 edness and/or contractual obligations of the Association thereto- . 2z fore incurred, which said provisions for assumption shall. have -. 22 first been accepted in writing by the obligees of such obligations. 23 This agreement may be executed in any number of counter- - 24 parts, and when so executed each such counterpart shall be 25~ deemed to be an original hereof. 26 IN WIT\F,SS T•T~3?:R~.~OF, the parties hereto have caused this 27 Agreement to be executed by their duly authorized representatives 28 the day and year first above written. 29 • 30 31 ~ . - 32 ~! • 7. 2 2 3 4 5 6 7 8 9 ZO w Z~ ~12 13 ~~ 15 7.6 17 18 19 20 2~. i 22 i I - 23 24 25 26 - 27 28 29 30 ~ 31 •32 , ATT'FST : . CLARK A, rTFLSO~?, County Clerk and ex-cfficio Clerk of t'ne Butte. County Board of Supervisors By __ - ~ f '~' ~~ r;'~F''r -... =-iP C~ i1~\~ Fi. i 8y ~~ - f JA ° Flcl\ILLGP, C a • rnan ofd the Bue County Board of Supervisors ~. . - CITY~OF BIGGS ` I G TY OF CHICO By CITY OF G°IDLEY By TTY OF OP.OVILLTI 3y ..^3G- Il~!5TRUMSN7 LS A CORtZE''7 ~ ' ^y ~.~ %•I- Ct! File ,A7`'D O~ R=CC%D iN i r-':IS ~.:-~=1Cyc„ 1" ~~ K ~ Ni.:. _____ ..~ e_-._._.