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HomeMy WebLinkAboutM011194.-~ -~ Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx. John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Before beginning the meeting, Chair Houx requested that a moment of silence be observed in honor of the recently departed Anne Dorr Lonqazo, a long time friend and a real supporter of this Board in many of its activities. Bill Farrel, Director-Development Services, introduced Barry Hogan, the County's new Manager of the Planning Division, Development Services. Board of Supervisors 1994 Organization 94-01 1. State of the County. (CHAIR ROUX) 2. Election of new Board Chair. MOTION: I MOVE TO NOMINATE DISTRICT 4 SUPERVISOR ED MCLAUGHLIN AS THE 1994 BOARD CHAIR. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (CHAIR HOUX PRESENTED THE GAVEL TO SUPERVISOR McLAUGHLIN. CHAIR McLAUGHLIN PRESENTED A FLORAL PAINTING TO SUPERVISOR ROUX WITH A BRASS PLAQUE INSCRIBED "MARY ANNE ROUX, 1993 CHAIR - IN APPRECIATION FOR DEDICATED SERVICE, BUTTE COUNTY BOARD OF SUPERVISORS" 3. Comments by Board Chair Ed McLaughlin. Page O1 January 11, 1994 January 11, 1994 94-01 4. Election of new Board Vice Chair. MOTION: I MOVE TO NOMINATE DISTRICT 1 SUPERVISOR BOB MEYER AS 1994 BOARD VICE CHAIR. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 5. Comments by Supervisors. (SUPERVISORS MEYER, THOMAS AND DOLAN) 94-02 Items removed from the Consent Agenda for Board consideration and action. 1. Annexation to Town of Paradise - property owners Henry Evers, et al. have petitioned for annexation of certain property to the Town of Paradise, and it is necessary for an agreement to be reached on the exchange of property taxes between the County and the Town before the annexation can be legally complete. A property tax split of 56/44 percent (with the Town receiving the larger proportion of property tax) is recommended - action requested - ADOPT RESOLUTION APPROVING THE TAX SPLIT WITH THE TOWN OF PARADISE AND AUTHORIZE THE CHAIR TO SIGN. 2. Introduction of a salary ordinance amendment - District Attorney - Family Support Division - reclassifying one position of Supervisor-Clerical Support Services to Auditor-Accountant I, reclassifying one position of Auditor-Accountant II to Supervisor-Accounting, and the reclassification of four Data Entry Operator II positions to Legal Typist Clerk. Included in the salary ordinance amendment are flexible staffing levels to meet future personnel needs within the department. Funding is from within the Department's budget - action requested - WAIVE READING OF THE ORDINANCE. 94-03 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF DECEMBER 14, 1993. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-070 (AIR POLLUTION), B-073 (NORTH COUNTY MUNICIPAL COURT) AND B-074 (CSA NO. 31 [BIGGS SWIMMING POOLJ). Page 02 January il, 1994 94-03 3. County Library donations - in accordance with Government Code Section 25355, donations of $1,165 from Friends of the Library in Oroville, $1,000 from Chico Friends of the Library, $500 from Fraternal Order of Eagles Auxiliary, $671 anonymously, and $200 from Barbara Zontek, Oroville have been received for the Butte County Library Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Public Health Department - the Department participated in a successful pilot program to test the effectiveness of using FAX machines to expedite the registration of death certificates within the County. In order to allow for the continued utilization of FAX machines in the registration process, the funeral directors in Butte County have donated to the County an Omni FAX machine, model 55 (serial no. G55C07767) with an approximate value of $700 - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 5. Designation of County staff for governance of the California Rural Health Alliance (CRHA) - action requested - ADOPT RESOLUTION 94-O1 DESIGNATING DR. CHESTER L. WARD, M.D. AS BUTTE COUNTY~S HEALTH OFFICIAL AND MS. PATRICIA CRAGAR AS BUTTE COUNTY~S WELFARE DIRECTOR AND AUTHORIZE THE CHAIR TO SIGN. 6. Durham Mosquito Abatement District - action requested - REAPPOINT DALE ANTONOWICH, STEVEN D. JONES AND DON BOLLERUD TO TERMS TO EXPIRE DECEMBER 31, 1995. 7. North Chico Specific Plan and related General Plan amendments - action requested - PURSUANT TO SECTION 24.23.80 OF THE BUTTE COUNTY CODE, DIRECT PREPARATION OF A SPECIFIC PLAN AND RELATED GENERAL PLAN AMENDMENTS FOR THE NORTH CHICO AREA, AND AUTHORIZE THE CHAIR TO SIGN THE SPECIFIC PLAN AND GENERAL PLAN APPLICATIONS. Page 03 January il, 1994 January 11. 1994 94-03 8. Agreement for right of way acquisition - Midway Bicycle Pathway Project No. 88-2-04003 (northerly right of way line of Jones Avenue to the right of way of the Southern Railroad Chico Stirling Branch Line right of way): PARCEL ~~ $ ACRES 6 Alba B. & Teresa Housman 0.27 PURCHASE PRICE I~,~ IMPROVEMENTS TOTAL 0.00 NONE 0.00 action requested - APPROVE AGREEMENT FOR ACQUISITION, ACCEPT DEED, APPROVE QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN. 9. Charlotte and Don E. Speegle, Oroville file a claim in an unspecified amount against representatives of the County who allegedly came onto their property, and without any legal or other right, seized and took personal property belonging to them (282 poodle dogs) on or about July 27, 1993 - action requested - REJECT CLAIM AND REFER TO RISK MANAGER AND COUNTY COUNSEL. 10. Sheriff-Coroner - Board authorization is requested to purchase a 450 lb. capacity ice machine for the Jail kitchen to replace the existing ice machine that is inoperable and cannot be repaired. The cost of the machine is approximately $2,200.00 (DEPARTMENT BUDGET) - action requested - APPROVE BUDGET TRANSFER B-069 AND PURCHASE OF FIXED ASSET ZTEM. 11. Award of bid 27-94 - vehicle - the Purchasing Department received and opened bids for a 1994 mid sized vehicle for the Public Works Department. The low bid meeting specifications is S & C Ford, Inc. of San Francisco in the amount of $13,630.40 for a 1994 Ford Taurus - action requested - AWARD BID. 12. Award of bid 33-94 - gross vehicle weight rating (GVWR) truck chassis/hoist - bids have been opened for the purchase of a GVWR truck chassis/hoist for the Public Works Department. The low bid meeting specifications is Mission Valley Ford Truck Sales of San Jose, CA in the amount of $50,903 - action requested - AWARD BID. Page 04 January il, 1994 94-03 13. County Center off-site (bid 16-94) sewer notice of completion - the project has been completed in accordance with the plans and specifications - action requested - ACCEPT THE PROJECT AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION. 14. Resolution electing to be governed by Section 4703.2(a) of the Revenue and Taxation Code which authorizes the Property Tax Loss Reserve Fund to be maintained at a level of 50 percent of the total delinquent secured taxes and assessments - action requested - ADOPT RESOLUTION 94-02 AND AUTHORIZE THE CHAIR TO SIGN. 15. Auditor-Controller submits the State Controllers Audit Report of the Property Tax Apportionment System for the County of Butte for the period July 1, 1978 through June 30, 1992 - action requested - ACCEPT FOR INFORMATION. 16. Investments information report - the Treasurer-Tax Collector submits the November, 1993 report in accordance with Assembly Bill 1073 and the County~s investment policy - action requested - ACCEPT FOR INFORMATION. 17. County Service Area No. 120 (Oak Way Park Subdivision, Chico) - a resolution has been prepared to authorize a $10,000 loan to CSA No. 120 (Oak Way Park Subdivision, Chico) from the CSA Revolving Loan Fund - action requested - APPROVE BUDGET TRANSFER B-077, ADOPT RESOLUTION 94-03 AND AUTHORIZE THE CHAIR TO SIGN. 18. County Service Area No. 152 (Heather Oaks Subdivision) - a resolution has been prepared to authorize a $325 loan to CSA No. 152 (Heather Oaks Subdivision) from the CSA Revolving Loan Fund - action requested - APPROVE BUDGET TRANSFER B-076, ADOPT RESOLUTION 94-04 AND AUTHORIZE THE CHAIR TO SIGN. 19. Department of Forestry and Fire Protection 1994 Small Business Administration Tree Planting Program - Bob Linschied and Associates have submitted a proposal to prepare a grant application at a cost of $3,500 (Community Development Block Grant [CDBG] program income) to provide funds for tree planting in the Chapman-Mulberry District including the Little Chico Creek Corridor - action requested - APPROVE PROPOSAL TO PREPARE GRANT AND USE OF PROGRAM INCOME TO FUND CONSULTING COSTS. Page 05 January 11, 1994 94-03 20. Adoption of a salary ordinance amendment for both the Public Health and Mental Health Departments due to recent program funding which provides for additional positions (one 5o percent Environmental Health Specialist, one Public Health Assistant, and one Senior Account Clerk) (RESTRICTED/STATE FUNDING). Also requested is that the allocated number of positions for the classification of Psychiatric Technician be corrected from four to five, which reflects the actual number of employees - action requested - ADOPT ORDINANCE 3108 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-14-93) 21. Adoption of a salary ordinance amendment that amends the current staffing levels for allocated positions: Welfare Department (no change in staffing level); Mental Health Department (reclassifies the position of Substance Abuse Programs Administrator to a lower level classification of Supervisor - Accounting); Development Services Department (requested clerical staffing level changes are to create parity and consistency within the Building Inspection and Planning Divisions. The allocated staff level change to the civil engineering position within Subdivision Inspection is to utilize a journey level position rather than an advanced journey level); Public Works Department (as part of the final budget for 1993-94, adds one position of Civil Engineering - Assistant and Junior, and one position of Engineering Technician II, I); and Agricultural Department (elimination of the Agricultural Pest Control Worker position due to layoff) - action requested - ADOPT ORDINANCE 3109 AND AUTHORIZE THE CHAZR TO SIGN. (FROM 12-14-93) 22. Adoption of an ordinance amending Section 23C-5 of the Butte County Code regarding fees for registration of commercial weighing and measuring instruments - pursuant to AB 1491, increase annual device registration fees for businesses with nine or more meters or scales. These fees help recover the costs of inspecting or testing these devices by the County Weights and Measures Services - action requested - ADOPT ORDINANCE 3110 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-14-93) Page 06 January 11, 1994 January 11. 1994 94-03 23. Introduction of a salary ordinance amendment adding a position of Probation Officer II, I to the Probation Department due to receipt of a grant from Chico Unified School District for the Chico School Attendance Project. This position is 100$ grant funded by the Office of Criminal Justice and Planning, and no County funds are required - action requested - APPROVE BUDGET TRANSFER B-079 AND WAIVE READING OF THE ORDINANCE. 24. Introduction of a salary ordinance amendment adding one new Medical Records Technician position in the Public Health Department (STATE FUNDING) in order to commence the gradual transferring of selected Children's Services Program case management responsibilities to the County. Counties in excess of 200,000 in population are required by the State to independently manage the program - action requested - WAIVE READING OF THE ORDINANCE. (FROM 12-14-93) 25. Resolution declaring the week of January 16-22, 1994 as Eligibility Worker Recognition Week in Butte County - action requested - ADOPT RESOLUTION 94-05 AND AUTHORIZE THE CHAIR TO SIGN. 26. Request for Proposals - various County road and bridge projects - Board authorization is requested to obtain proposals from consultants to design various road and bridge projects to include the River Road Bridge across Biq Chico Creek, Cussick Avenue Bridge across Lindo Channel and traffic signals at Midway and Hegan Lane - action requested - AUTHORIZE REQUEST FOR PROPOSALS. 27. Kate Burdick & Company/Heritage Partners - proposed is the assignment of the remaining interest of the Kate Burdick & Company contract for the preparation of the North Chico Specific Plan and environmental impact report (EIR) to Heritage Partners - action requested - APPROVE ASSIGNMENT OF CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 28. Chief Administrative Officer - proposed is a one year extension (to provide for a contract expiration of June 8, 1996) to the employment contract for the Chief Administrative Officer. All other provisions of the contract to remain the same - action requested - APPROVE ONE YEAR EXTENSION TO EMPLOYMENT CONTRACT FOR BUTTE COUNTY ADMINISTRATOR. Page 07 January 11, 1994 94-03 29. State Department of Food and standardization agreement no. 9 is an amendment to increase by funding rate for quarters three requested - APPROVE AMENDMENT AUTHORIZE THE CHAIR TO SIGN. Agriculture - egg 3-0004 - proposed $62 the quarterly and four - action TO AGREEMENT AND 30. Porter, Scott, Weiberg and Delehant - proposed is a one year agreement to retain attorney services for complex litigation as assigned and monitored by County Counsel - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 31. Butte County Local Agency Formation Commission (LAFCo) - proposed is a memorandum of understanding (MOU) deemed necessary because of the reorganization of the Planning Department and the adoption of the new LAFCo By-Laws. The proposed MOU was prepared by LAFCo in concert with the Personnel Department and County Counsel's Office, and approved by LAFCo in November, 1993 - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. 32. Gridley Union High School District - proposed is an agreement which provides for the continuation of the Probation and School Services Program (P.A.S.S.) wherein the District pays for the time of a Deputy Probation Officer spent on campus in delinquency prevention and intervention. The term of the agreement is July 1, 1993 through June 30, 1994 in the maximum amount of $18,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 33. American Lunq Association - proposed is an agreement to provide a variety of smoking cessation clinics geared toward targeted population groups, informational and educational programs and events commencing January 1, 1994 through September 30, 1994 in the maximum amount of $18,313 (State). Budget transfer B-075 has been prepared for the necessary appropriation - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 08 January 11, 1994 January 11, 1994 94-03 34. Fiscal year 1993-94 Description of Proposed Expenditure of Rural Health Services Funds ($40,490/100$ State) - in accordance with Section 16900, et. seq. of the Welfare and Institutions Code, the hospital services, physician services, and the other allocations will be utilized to partially offset the cost of providing uncompensated medical care within the County. Through a contract back process, the State will administer the hospital and the physician services allocation. The other allocation will be administered by the County through contracts with area hospitals and other medical providers. Budget transfer B-072 has been prepared for the necessary appropriation - action requested - APPROVE DESCRIPTION OF PROPOSED EXPENDITURE OF RURAL HEALTH SERVICES FUNDS AND AUTHORIZE THE CHAIR TO SIGN THE BOARD CERTIFICATION. 35. Fiscal year 1994-95 Office of Family Planning for Clinical Services funding application - the proposed funding application requests $55,000 for 1994-95 funding of the Department of Public Health's Family Planning Program - action requested - APPROVE SUBMISSION OF FUNDING APPLICATION. 36. 1992-93 State Legalization Impact Assistance Grant Immigration Reform and Control Act (IRCA) subvention for Public Health services - under the terms of the proposed agreement, the State Department of Health Services will make available State Legalization Impact funds (estimated at $10,000) to reimburse the County for the costs of providing specified public health services to persons who have applied for legalization under the provisions of the IRCA - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 37. California State Transportation Capital Improvement (TCI) funds - because of passage of Measure "B" on November 2, 1993, Butte County is now eligible to apply for Transit Improvement Funds. The Public Works Department is applying for $20,000 for Butte County Transit bus rehabilitation - action requested - APPROVE APPLICATION AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO SIGN THE CERTIFICATIONS AND ASSURANCES REQUIRED. Page 09 January 11, 1994 94-03 38. Metcalf & Eddy - the Central Valley Regional Water Quality Control Board is requiring a work plan be prepared for implementation of verification groundwater monitoring at the Neal Road Landfill - action requested - APPROVE LETTER PROPOSAL AND AUTHORIZE METCALF & EDDY TO PROCEED WITH THE WORK, AT A COST NOT TO EXCEED $4,000 (HEAL ROAD LANDFILL ENTERPRISE FUND), WITHOUT PRIOR PUBLIC WORKS APPROVAL. 39. No fare bus service on Butte County Transit for California State University, Chico faculty, students and staff - proposed is amendment no. 4 wherein the University agrees to reimburse the County based upon actual monthly usage, in the maximum amount of $15,000 for the time period January 1, 1994 through December 31, 1994 - action requested - APPROVE AMENDMENT NO. 4 AND AUTHORIZE THE CHAIR TO SIGN. 40. Gregory B. Bragg Associates, Inc. - proposed is an amendment to the liability claims adjusting service agreement commencing January 10, 1994 to and including January 9, 1995. All other provisions of the contract to remain the same - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 41. County of Butte/Steve Pelton - proposed is an agreement for the purchase of Hunter, a German Shepherd dog, in the amount of $1.00, for use by the K-9 Unit of the Sheriff's Department - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 42. Biggs-West Gridley Water District - official canvass of District's General Election, held by mailed ballot on November 2, 1993 - Sandra Bennett, District Secretary, certifies that Richard Storm, John C. Adams and Gary N. Justeson have been elected to four year terms to the Board of Directors of the District - action requested - APPROVE CERTIFICATION OF STATEMENT OF VOTE. 43. Publication of ordinances - action requested - PURSUANT TO GOVERNMENT CODE SECTION 25124(b)(1), DESIGNATE THE CLERK OF THE BOARD OF SUPERVISORS, IN COORDINATION WITH COUNTY COUNSEL, AS THE OFFICIAL DESIGNATED TO PREPARE SUMMARIES OF PROPOSED AND ADOPTED ORDINANCES OR AMENDMENTS TO ORDINANCES AS APPROPRIATE. Page i0 January 11, 1994 94-03 MOTION: I MOVE TO APPROVE THE REMOVAL OF ITEMS 3.19 M S VOTE: l Y 2 Y 3 Y 4 Y 5 CONSENT AGENDA WITH THE AND 3.24. Y (Unanimously Carried) 94-04 Items removed from the Consent for Board consideration and action. (673) 1. Annexation to Town of Paradise - property owners Henry Evers, et al. have petitioned for annexation of certain property to the Town of Paradise, and it is necessary for an agreement to be reached on the exchange of property taxes between the County and the Town before the annexation can be legally complete. A property tax split of 56/44 percent (with the Town receiving the larger proportion of property tax) is recommended - action requested - ADOPT RESOLUTION APPROVING THE TAX SPLIT WITH THE TOWN OF PARADISE AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN) 2. Introduction of a salary ordinance amendment - District Attorney - Family Support Division - reclassifying one position of Supervisor-Clerical Support Services to Auditor-Accountant I, reclassifying one position of Auditor-Accountant II to Supervisor-Accounting, and the reclassification of four Data Entry Operator II positions to Legal Typist Clerk. Included in the salary ordinance amendment are flexible staffing levels to meet future personnel needs within the department. Funding is from within the Department's budget - action requested - WAIVE READING OF THE ORDINANCE. MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-05 Appointments - commissions and committees. a. Appointments to committee vacancies. MOTION: I MOVE TO NOMINATE MICHAEL MADDEN AS THE BOARD'S "PUBLIC" APPOINTEE TO THE COUNTY'S INTEGRATED WASTE MANAGEMENT LOCAL TASR FORCE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 11 January 11, 1994 .-. January 11, 1994 94-06 Update on Sacramento legislative and budget activities. (995) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, COMMENTED ON GOVERNOR WILSON~S BUDGET) 94-07 Consideration of a request to cross the one-foot no access strip along property frontage on Chico Canyon Road (AP 021-02-103 AND 104). (1420) MOTION: I MOVE TO APPROVE THE REQUEST TO CROSS THE ONE-FOOT NO ACCESS STRIP ALONG PROPERTY FRONTAGE ON CHICO CANYON ROAD (AP 011-02-103 AND 103), REQUIRE MR. BRIGGS TO ENTER INTO AN AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR INSTALLATION OF CURBS, GUTTERS, SIDEWALKS AND OTHER URBAN IMPROVEMENTS, AND APPLY FOR THE NECESSARY DRIVEWAY ENCROACHMENT PERMIT. M S VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion Carried) 94-08 County Service Area (CSA) No. 114 (Chico Urban Area Nitrates) - a proposed demonstration project to install recirculating trickling filters for nitrogen removal in septic systems within selected systems in CSA No. 114 - action requested - APPROVE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $27,432 (FUNDING FROM CSA NO. 114) WITH THE UNIVERSITY FOUNDATION, CSU, CHICO TO CARRY OUT THE PROPOSED DEMONSTRATION PROJECT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (1530) MOTION: I MOVE TO APPROVE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $27,432 (FUNDING FROM CSA NO. 114) WITH THE UNIVERSITY FOUNDATION, CSU, CHICO TO CARRY OUT THE PROPOSED DEMONSTRATION PROJECT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. S M VOTE: l Y Z Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Hearinas and Timed Items 94-09 Public hearing - Gary Schwartz - abandonment of a portion of Kelly Ridge Road, formerly named Hillcrest Avenue, approximately 600 north of its intersection with Heritage Drive, adjacent to AP 069 -320-012, Oroville - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1830) Page 12 January 11, 1994 94-09 MOTION: I MOVE TO (A) FIND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW; (B) FIND THAT THE PROJECT IS IN CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN; AND (C) ADOPT RESOLUTION 94-06 APPROVING THE ABANDONMENT OF A PORTION OF KELLY RIDGE ROAD, ADJACENT TO AP 069-320-012 (SCHWARTZ), SUBJECT TO THE FOLLOWING CONDITION: A. THE APPLICANT SHALL RESERVE THE ABANDONED ROADWAY AREA AS A PUBLIC UTILITY EASEMENT . M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-10 Public hearing - Clinton D. Whitehead - abandonment of a portion of the 30' storm drain easement located on the northwest corner of Siskiyou Avenue and Seventh Street, Thermalito, property identified as AP 031-290-028 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1928) MOTION: I MOVE TO FIND THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW; (B) FIND THAT THIS PROJECT IS IN CONFORMITY WITH THE BUTTE COUNTY GENERAL PLAN; AND (C) ADOPT RESOLUTION 94-07 APPROVING THE ABANDONMENT OF A PORTION OF THE 30 FOOT STORM DRAIN EASEMENT ON AP 031-290-028 (WHITEHEAD}. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-11 Air Pollution Control District Recess at 10:08 a.m. as Board of Supervisors and convene as the Air Pollution Control District Board of Directors. Present: Directors Meyer, Dolan, Houx, Thomas and Chair McLaughlin. (2001) A. Approval of minutes - action requested - APPROVE MINUTES OF NOVEMBER 9, 1993. MOTION: I MOVE TO APPROVE MINUTES OF NOVEMBER 9, 1993. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 13 January 11, 1994 January 11, 1994 94-11 B. Presentation from Air Pollution Control Officer on alternatives available for governance of Air Pollution Control District (AB 75, 1993) and provide guidance to APCO on implementation of AB 75. (BOARD DIRECTION TO THE AIR POLLUTION CONTROL OFFICER THAT A LETTER BE WRITTEN TO CITY COUNCILS REQUESTING A MEETING WITH THE BOARD CHAIR, VICE CHAIR AND STAFF TO START DISCUSSION REGARDING GOVERNANCE OF THE AIR POLLUTION CONTROL DISTRICT) Adjourn at 10:29 a.m. as the Air Pollution Control District Board of Directors and reconvene as the Board of Supervisors. RECESS: 10:29 A.M. RECONVENE: 10:48 A.M. 94-12 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TARING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (2905) (NONE) 94-13 Pursuant to Government Code Section 54956.8, prior to the closed session, there will be an open and public session regarding certain real property and its potential transfer. The real property is as follows: up to 27,500 acre feet of State Water Project water. The person or persons with whom the County's negotiator may negotiate are any and all public or private parties within and outside of Butte County who may be interested in a transfer of all or part of said water, on a permanent or temporary basis. The purpose of the closed session is to give instructions to the County's negotiator. (2915) (**00) (SUSAN MINASIAN, COUNTY COUNSEL) CLOSED SESSION: The Board recessed at 11:00 a.m. to a closed session pursuant to Government Code Section 54956.8 (certain real property [up to 27, 500 acre feet of State Water Project water] and its potential transfer), Government Code Section 54957 (personnel matters), and Government Code Section 54957.6 (meet and confer) . Page 14 January 11, 1994 94-13 RECONVENE: The Board reconvened at 12:02 p.m. following a closed session pursuant to Government Code Section 54956.8 (certain real property [up to 27,500 acre feet of State Water Project water] and its potential transfer), Government Code Section 54957 (personnel matters), and Government Code Section 54957.6 (meet and confer). (NO ANNOUNCEMENTS) 94-14 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. James F. Davis, State Geologist, Department of Conservation - writes to remind the County of the requirements of the Alquist-Priolo Special Studies Zones Act (all cities and counties in California must regulate the development of specified projects within the Special Studies Zones [SSZs] created under the Act to avoid structural damage from surface fault rupture.) (REFER TO CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-DEVELOPMENT SERVICES) b. Matson and Isom, Accountancy Corporation - submits the audit report for fiscal year ended June 30, 1993 for Butte Community College District. (REFER TO AUDITOR-CONTROLLER WITH ENCLOSURE) c. David M. Wells, General Manager, Chico Area Recreation and Park District - forwards a copy of Resolution No. 93-15 establishing the Chapman Recreation Center and surrounding park property as a "DRUG FREE ZONE", and expresses the District's sincere appreciation for Board assistance and continued support of their neighborhoods and programs. (ACCEPT FOR INFORMATION) d. Norma Lammers, Director of Corporate Relations, California State Association of Counties (CSAC) - announces the 1994 Pooled Tax and Revenue Anticipation Note Financing Program for California counties. (REFER TO CHIEF ADMINISTRATIVE OFFICER, TREASURER-TAX COLLECTOR AND AUDITOR-CONTROLLER) Page 15 January 11, 1994 94-14 e. California State Board of Forestry - notifies the Board of its January 5, 1994, 11:00 a.m. meeting to consider permanent statewide rules which make amendments to the administration of the timber harvest plan (THP) process under Sections 1038 and 1104.1(a), 14 Title CCR. (REFER TO CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL, DIRECTOR- DEVELOPMENT SERVICES, FIRE DEPARTMENT AND DISTRICT ATTORNEY) f. Thomas J. Lando, City Manager, City of Chico - writes on behalf of the City Council to request that in future land use decisions, the necessary right of way for the recommended alternatives between State Highway Route 32 and Cohasset Road be protected. (REFER TO CHICO ISSUES COMMITTEE, CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-DEVELOPMENT SERVICES) g. Cussick Area Neighborhood Council - writes that the Council fully supports the City's request that the Board take the necessary actions to protect the future right of way of the proposed State Route 32 bypass and an enhanced right of way for Eaton Road from State Route 99 to Cohasset Road. (REFER TO CHICO ISSUES COMMITTEE, CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-DEVELOPMENT SERVICES) h. Chester M. Winn, Chief, Division of Fiscal Services, State Department of Water Resources - forwards the California State Water Project Schedule of Dates Payments are Due Under Water Supply Contracts in 1994. (REFER TO AUDITOR- CONTROLLER AND COUNTY COUNSEL) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 12:02 p.m. to reconvene on Tuesday, January 25, 1994 at 9:00 a.m. C ED McLAUGHLIN, C IR Butte County Boa d of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of ,the Board of Supervisors By: ~ ~ Page 16 January il, 1994