HomeMy WebLinkAboutM031296MINUTES
BOARD OF SUPERVISORS
ED McLAUCiHLIN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAM, 2nd District
MARY ANNE HOUX, 3rd District
CORDON THOMAS, 5th Distnct
March 12. 1996
Call to order -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx,
Thomas and Chair McLaughlin. 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 Urrited States of America.
Invocation -Pastor Curt ]arbce, Grace Baptist Church, Oroville
96-68 Items removed from the Consent Agenda for Board consideration and action.
State Department of Health Services -proposed is an amendment to the
Maternal Child and Adolescent Health Agreement (95-22504) providing an
additional 561,650 in state funds to expand services provided to mothers and
children in Butte County. The additional funds will cover nursing staff
outreach activities, home visits, interpretation services for non-English
speaking clients, and provide for the purchase of a computer, printer and
software to be utilized by the Maternal, Child and Adolescent Health
program -action requested:
A. APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN; AND
B. APPROVE BUDGE TRANSFER B-131 AND PURCHASE OF
COMPUTER, PRINTER AND SOFTWARE ITEMS FROM THE
AVAILABLE STATE FUNDS.
Page 68
March 12, 1996
M hl 9 6
96-68 2. State Department of Health Services -proposed is the Immunization Project
Agreement (No. 95-23503) which will make available 568,997 (100% State)
for the period January 1, 1996 through December 31, 1996. Fund utilization
will cover speafic activities that will raise the immunization levels of infants,
preschool-age and school-age children, and provide for the purchase of a
special freezer unit for vaccine storage (51,500) and hardware and software
($8,000} to develop a local area network for immunization tracking -action
requested:
A. APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND
B. APPROVE BUDGET TRANSFER B-129 AND PURCHASE OF
FREEZER UNIT, HARDWARE AND SOFTWARE.
n n A
96-64 1. Approval of minutes -action requested -APPROVE MINUTES OF
FEBRUARY 27, 1996.
2. Budget transfers -action requested -APPROVE BUDGET TRANSFERS
B - 133 {DEVELOPMENT SERVICES).
3. County Library donations - in accordance with Government Code Section
25355, donations of $525 from Shirley Ekroll, Oroville; $100 from ARCO
Foundation, Inc,, Los Angeles; and 52,040 from Chico Friends of the Library
have been received for the Butte County Trust Fund for the purchase of
books -action requested -ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
4. Brandon Aaron Sharpe, Chico - files a claim in an unspecified amount as the
result of alleged injuries and damages received in an automobile accident in
Chico 'snvolving an employee of the Agricultural Commissioner s Office on
or about August 31, 1995 -action requested -action requested - RETECT
CLAIM AND REFER TO COUNTY COUNSEL AND R15K MANAGER.
Page 69
March 12, 1996
March 12, 1996
96-69 5. Adoption of a salary ordinance amendment adding two term Public Health
Assistant Il, I positions through 6-30-9b (100% State Maternal Child and
Adolescent Health funding). Two extra help staff members working on the
project are reaching the 960 hour limit mandated by SB 53 -action
requested -ADOPT ORDINANCE 3249 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 2-27-96)
b. Adoption of a salary ordinance amendment adding one term position of
Engineering Aide I through June 30, 199b, due to work restriction on three
existing permanent positions for medical reasons {Department budget) -action
requested -ADOPT ORDINANCE 3250 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 2-27-96)
7. Adoption of a salary ordinance amendment -Sheriff-Coroner -the Personnel
Department recently completed a classification study for the Sheriffs
Department to address a pending request agreed upon during the meet and
confer process with the Butte County Employees Association for the 1994-97
contract period, and recommends reclassification of the incumbent Crime
Prevention Officer (salary range l l ~ 8) to a newly created position of Crime
Prevention Coordinator (salary range 1148). The Sheriff has requested that
the classification of Crime Prevention Officer be left in the salary table with
no allocated positions assigned at this time. The total cost for 1995-96 fiscal
year is X3,195 (including benefit adjustmentslDepartment budget) - action
requested -ADOPT ORDINANCE 3251 AND AUTHORIZE THE CHAIR
TO SIGN. {FROM 2-27-96).
8. Introduction of a salary ordinance amendment -the Sheriffs office is
requesting four term positions of one Deputy Sheriff, two Correctional
Officers and one Sheriffs Clerk II be temporarily allocated due to staffing
shortages. Personnel rules limit the number of hours extra help employees
may work to a maximum of 960 hours per fiscal year. Four extra help
employees are nearing the 960 hour limit and are needed through the
remainder of the fiscal year. Due to vacancy savings, there are no additional
costs associated with these term positions -action requested -WAIVE
READING OF THE ORDINANCE.
Page 70
March ] 2, l 996
March 12. 1996
96-69 9. Auditor-Controller -The Statewide Automated Welfare System (SAWS)
conversion has resulted in a significant increase in work load for the general
accounting unit. Full assumption of check writing and reporting functions by
the Auditor's office is expected by April 1995. The addition of one position
and the reclassification of an existing position is requested as part of a
reorganization plan designed to efficiently acconunodate the increased work
load:
A. Introduction of a salary ordinance amendment adding the position of
Accounting Specialist/Auditor-Accountant II,I and reclassification of
the Accounting Systems Administrator to Supervisor-Accounting -
action requested -WAIVE READING OF THE ORDINANCE.
8. Requested are adjustments to appropriations and revenues in the total
amount of 513,240 for the remainder of the fiscal year to reflect the
transfer of these costs from Systems and Computer Technology (SCT)
to the Auditor's office. There is no net increase in costs for this fiscal
year, and it is anticipated that there should be a net decrease in costs
in subsequent years - action requested - ADOPT BUDC'ET
TRANSFER B-100.
10. Introduction of a salary ordinance amendment -Public Health-General
Services -the Department of Public Health utilizes extra-help employees to
work on special State funded grant programs. Several of these employees are
near the 950 hour limit. State funds { 100%) are available to continue funding
of these positions through June 30, 199b. It is requested that the following
term positions be crested: Nutrition Assistant I, Of£~ce Assistant I, Health
Education Specialist II, Public Health Nurse I, Office Assistant I -action
requested -WAIVE READING OF THE ORDINANCE.
11. Resolution proclaiming the week of March 10-16, 1995, as "Employ the
Older Worker Week" in Butte County -action requested -ADOPT THE
RESOLUTION 95-24 AND AUTHORIZE THE CHAIR TO SIGN.
12. Butte County Consolidated Courts -notification of approval has been
received fora 550,000 Federal grant through the California State Department
of Justice. The purpose of the grant is to automate the processing of the
Department of Justice (JUS 8715) reporting. The Courts' software vendor,
Automated Government Systems (AGS), has agreed to develop the software
program and provide it, without licensing costs, to all AGS users -action
requested -ADOPT RESOLUTION 46-25 AUTHORIZING THE COURT
TO ACCEPT GRANT AND AUTHORIZE THE CHAIR TO SIGN.
Page 71 March 12, 1996
M h 12 1996
96-69 13. Paradise Unised School District (PUSD) -proposed is an agreement wherein
Mental Health, Alcohol and Drug Services, Youth Services Unit rent "The
Bridge" facility on the PUSD site for the purpose of providing counseling and
therapy to school-age youth and their families. The term of the agreement is
July 1, 1995 through June 30, 1996 in the maximum amount of $12,000
($l,000lmonth) {Federal Block Grant monies) -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
] 4. Philip Environmental -proposed is an agreenrerrt for the implementation of the
Household Hazardous Waste Collection Program. This agreement provides
for a series of one-day household hazardous waste collection events at a cost
not to exceed $104,023 (100% California Integrated Waste Management
board grant funded} -action requested -AWARD CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN.
15. United States Forest Service, Plumas National Forest -proposed is
Amendment No. 1 and Amendment No. 2 to the Joint Operating and Financial
Plan Attachment 1 for 1995 (CA OS 11950013) for reimbursement in the
amount of $7,000 (increased from $4,000) for costs associated with vehicle
patrol services in the Feather Fa11s Trailtread, Sly Creek Recreation and Milsap
Bar areas -action requested -APPROVE AMENDMENT NO. 1 AND
AMENDMENT NO. 2 AND AUTHORIZE THE CHA1R TO SIGN.
16. Library -Public Access Internet Workstation -grant monies in the amount of
$6,000 have been awarded as part of the InFoPeople Program Expansion.
Funds will allow for two new workstations in the Gridley and Paradise
branches -action requested -ACCEPT GRANT AWARD AND APPROVE
BUDGET TRANSFER B-132.
17. Biennial approval of Local Agency Conflict of Interest Code (Non-Exempt} -
El Medio Fire District, Pine Creek Cemetery District and Local Agency
Formation Commission have reviewed their Conflict of Interest Codes and
determined that their agency's code is current and in no need of revision.
County Counsel has reviewed these reports and believes them to be proper -
action segtsested -BIENNIAL APPROVAL OF CONFLICT OF INTEREST
CODES.
Page 72
March 12, 1996
March 12. 1996
96-69 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM
3.10 AMENDED TO DELETE THE APPROVAL OF BUDGET
TRANSFER B-128; CORRECTION OF THE TERM ON THE
AGREEMENT ON ITEM 3.13 TO ~~ 1, 1995 THROUGH
JUNE 30, 1996, AND REMOVAL OF ITEMS 3.14 AND 3.15.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (iJnaninwusly Carried)
Reg~1ar Agenda
96-70 Items removed from the Consent Agenda for Board consideration and action.
State Department of Health Services -proposed is an amendment to the
Maternal Child and Adolescent Health Agreement (95-22544) providing an
additional 561,654 in state funds to expand services provided to mothers and
children in Butte County. The additional funds will cover nursing staff
outreach activities, home visits, interpretation services for non-English
speaking clients, and provide for the purchase of a computer, printer and
software to be utilized by the Maternal, Child and Adolescent Health
program -action requested:
A. APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN; AND
B. APPROVE BUDGE TRANSFER B-131 AND PURCHASE OF
COMPUTER, PRINTER AND SOFTWARE ITEMS FROM THE
AVAILABLE STATE FUNDS.
2. State Department of Health Services -proposed is the Immunization Project
Agreement {No. 95-23503) which will make available $58,997 {100% State)
for the period January 1, 1996 through December 31, 1995. Fund utilization
will cover specific activities that will raise the immunization levels of infants,
preschool-age and school-age children, and provide for the purchase of a
special freezer unit for vaccine storage {51,50(1) and hardware and software
(58,000) to develop a local area network for immunization tracking -action
requested:
A. APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND
B. APPROVE BUDGET TRANSFER B-129 AND PURCHASE OF
FREEZER UNIT, HARDWARE AND SOFTWARE.
Page 73
March 12, 1996
March 12. 1996
96-70 MOTION: I MOVE FOR APPROVAL OF STATE DEPARTMENT OF
HEALTH SERVICES AGREEMENTS NOS. 22504 AND 23503,
BUDGET TRANSFERS B-129 AND B-131, AND PURCHASE OF
iDENTiF'IED FIXED A$$ET ITEMS (COMPUTER, PRINTER,
SOFTWARE, FREF7.FR UNIT, HARDWARE AND SOFTWARE>.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y S Y (Unanimously Carried}
96-71 Appointments -commissions and committees.
A. Appointments to committee vacancies. {NONE)
96-72 Update on Sacramento legislative and budget activities. (204) (SUPERVISOR
MEYER ANNOUNCED THAT BUTTE COUNTY HAS BEEN NOTIFIED BY
THE STATE OF CALIFORNIA OF THE AWARD OF A 5500,000 COMMUNITY
ECONOMIC DEVELOPMENT ENTERPRISE FUND GRANT FOR THE
CREATION OF NEW, SUCCESSFUL BUSINESSES IN THE SOUTT-i
OROVILLE COMMUNITY)
96-73 Presentation by Wes Gilbert, Water Plan Coordinator for Butte Basin Water Users
Association, of HCl hydrologic model. (FROM 2-27-9b) (235) (PRESENTATION
BY WES GILBERT, WATER PLAN COORDINATOR FOR BUTTE BASIN
WATER USERS ASSOCIATION)
96-74 Report to Board -Butte Basin Water Users Association -Subcommittee to deal with
well spacing/well interference ordinance regulations. (FROM 12-5-95) (1190) (WES
GILBERT, WATER PLAN COORDINATOR FOR BUTTE BASIN WATER
USERS ASSOCIATION, REPORTED THAT ADDITIONAL LANGUAGE
REGARDING WELL SPACING/WELL INTERFERENCE REGULATIONS,
CHANGES TO THE CURRENT REGISTRATION SECTIONS, WELL SEALING
AND FLOOD PROTECTION SECTIONS AS WELL AS THE ADDITION
OF A NEW SECTION DEALING WITH MINIlViUM STANDARDS FOR WELL
CASINGS WERE APPROVED BY A UNANIMOUS VOTE OF THE
SUBCOMMITTEE ON FEBRUARY S, 1996, AND BY A UNANIMOUS VOTE
OF THE BUTTE BAS[N WATER USERS ASSOCIATION ON FEBRUARY l4,
1996}
96-75 Update on "Substitute Groundwater Pumping Ordinance". (FROM I -23-96) (1421 }
(REPORT BY SUSAN MINASIAN, COUNTY COUNSEL)
RECESS: 9:55 A.M.
RECONVENE: 10:10 A.M.
Page 74
March 12, 1996
March 12. 1995
96-76 Presentation of resolution proclaiming March 18-22, 1995 "Mediation Week" in Butte
County. { 1500)
MOTION: I MOVE TO ADOPT RESOLUTION 96-2b PROCLAIMING
MARCH 18-22, 199b "MEDIATION WEEK" IN BUTTE COUNTY
AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
(PRESENTATION BY CHAIR McLAUGHLIN, ON BEHALF OF THE BOARD,
OF RESOLUTION NO. 96-26 TO LISA MICHELS, REPRESENTING THE
MEDIATION CENTER OF THE NORTH VALLEY}
96-77 Budget issues associated with utility users tax -action requested -RECEIVE
RECOMMENDATIONS FROM ADMINISTRATIVE OFFICE CONCERNING
BUDGET ISSUES ASSOCIATED WITH UTILITY USERS TAX. (FROM 2-27-
9b):
ADOPT RECOMMENDATIONS AS PROVIDED IN MOTION OF
INTENT (SEE ATTACHMENTS 1 AND 2) TO SERVE AS THE
BOARD'S SPECIFIC DIRECTION TOWARD PREPARATION OF THE
FISCAL YEAR 1996-97 BUTTE COUNTY BUDGET SHOULD
MEASURE A FAIL AT THE MARCH 26 ELECTION;
2, DIRECT FURTHER ANALYSIS OF THE FUNDING OF THE
VETERANS SERVICE OFFICE WITH THE MATTER TO BE BROUGHT
BACK TO THE BOARD IN APRIL FOR FiJRTHER CONSIDERATION;
3. DIRECT FURTHER ANALYSIS OF THE LEGALITY OF CLOSING
VETERANS HALLS WITH THE ISSUE TO BE BROUGHT BACK TO
THE BOARD FOR RECONSIDERATION SHOULD THE LEGAL
ANALYSIS WARRANT THIS; AND
4. DIRECT THE ISSUANCE OF LAYOFF NOTICES TO AFFECTED
EMPLOYEES AS SOON AS POSSIBLE AFTER MARCH 26 SHOULD
MEASURE A FAiL WITH PROVISION FOR A MINIMUM 45-DAY
NOTICE. DIRECT INITIATION OF "MEET AND CONFER" WITH
AFFECTED BARGAINING UNITS AS REQUIRED BY CURRENT
COLLECTIVE BARGAINING AGREEMENTS. {1b27) (**00)
Page 75
March 12, 1996
Mazch 12. 1996
96-77 MOTION: I MOVE TO I. ADOPT RECOMMENDATIONS AS PROVIDED
IN MOTION OF INTENT TO SERVE AS THE BOARD'S
SPECIFIC DIRECTION TOWARD PREPARATION OF THE
FISCAL YEAR 1996-97 BUTTE COUNTY BUDGET SHOULD
MEASURE A FAIL. AT THE MARCH 26 ELECTION; 2. DIIiBCf
FURTHER ANALYSIS OF THE FUNDING OF TI-lE VETERANS
SERVICE OFFICE WITH THE MATTER TO BE BROUGHT
BACK TO THE BOARD IN APRIL FOR FURTHER
CONSIDERATION; 3. DIRECT FURTHER ANALYSIS OF THE
LEGALITY OF CLOSING VETERANS HALLS WITH THE
ISSUE TO BE BROUGHT BACK TO THE BOARD FOR
RECONSIDERATION SHOULD TI-TE LEGAL ANALYSIS
WARRANT THIS; 4. MOTION OF INTENT {TO BE BROUGHT
BACK TO THE BOARD IN APRIL FOR FURTHER
CONSIDERATION) TO DIRECT THE ISSUANCE OF LAYOFF
NOTICES TO AFFECTED EMPLOYEES AS SOON AS
POSSIBLE AFTER MARCH 26 SHOULD MEASURE A FAIL
WITH PROVISION FOR A MIMMUM 45-DAY NOTICE.
DIRECT II~TITIATION OF "MEET AND CONFER" WITH
AFFECTED BARGAINING UNITS AS REQUIRED BY
CURRENT COLLECTIVE BARGAINING AGREEMENTS.;
5. DIRECT PREPARATION OF A NOTICE OF SUBSTANTIAL
AMENDMENT TO OUR FIRE DEPARTMENT CONTRACT TO
BE SENT TO THE STATE IN ORDER TO MEET THE 120 DAY
CONTRACT REQUIREMENT FOR NOTICE OF ANY
SIGNIFICANT AMENDMENT TO THAT CONTRACT; AND
6. DIRECT FURTHER ANALYSIS OF THE FUNDING OF THE
COST BENEFIT RATIO OF CONTINUING OUR LOCAL
CONTRIBUTION TO UNIVERSITY OF CALIFORNIA
EXTENSION, AND TO SPECIFICALLY INCLUDE IN THAT
SERVICE LOSS AND DOLLAR LOSS. DIRECT THAT WE
ENTER INTO DISCUSSION AND NEGOTIATION WITH THE
UMVERSITY OF CALIFORNIA TO PERHAPS CORRECT THE
INFORMATION WE HAVE NOW; IF WE DO NOT FUND
EXACTLY AS WE DO AT PRESENT, WE LOSE IT ALL.
S M
VOTE: 1 N 2 Y 3 Y 4 Y S N {Motion Carried)
Page 76
March 12, 1996
ch 12 1996
96-78 State Department of Health Services (no. 94-21014) - proposed is an amendment to
the Hepatitis A Program agreement. Under the terms of this amendment, the 1995
program budget has been adjusted to reflect actual expenditures occurring in 1995.
The maximum funding limit of $300,000 does not change, and this amendment allows
the County to claim the maximum funds available -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE TIC CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (2100)
MOTION: I MOVE TO APPROVE THE AMENDMENT TO THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL ANB THE
AUDITOR-CONTROLLER.
M S
VOTE: 1 AB 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 77
March 12, 199b
Mazch 12. 1996
li
96-79 Public hearing -Steve and Carole I.otti -consideration of a rezone (item determined
to be a General Rule Exemption from Environmental Review} from PUD (Planned
Unit Development) to FR-10 (Foothill Recreational - 10 acre parcels), property
located on the east side of Cohasset Road, approximately 1/4 mile north of
Richardson Springs Road, identified as AP 047-230-059, -060, Chico. (221 S)
MOTION: I MOVE TO MAKE ENVIRONMENTAL FINDINGS A. THE
PROJECT IS EXEMP'T' FROM CEQA REVIEW UNDER SECTION
15061(3), THE GENERAL RULE EXEMPTION, WHICH
STATES: "CEQA APPLIES ONLY TO PROJECTS WHICH HAVE
THE POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT ON
THE ENVIRONMENT. WHERE IT CAN BE SEEN WITH
CERTAINTY THAT THERE IS NO POSSIBILITY THAT THE
ACTIVITY IN QUESTION MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT, THE ACTIVITY IS NOT
SUB]ECT TO CEQA."; AND ZONING FINDINGS A FIND THAT
THE REZONE CONFORMS TO THE POLICIES, INCLUDING
THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL
PLAN, BECAUSE THE REQUESTED ZONE IS LISTED AS A
ZONE THAT 1S CONSISTENT WITH THE AGRICULTURAL
RESIDENTIAL GENERAL PLAN DESIGNATION AND THE
USES PERMITTED BY THE ZONE WILL BE CONSISTENT
WITH THE GENERAL PLAN AND SURROUNDING
PROPERTIES. SUBJECT TO THE ENVIRONMENTAL AND
ZONING FINDINGS, I MOVE TO ADOPT ORDINANCE 3252
REZONING TO FR-10 THAT PROPERTY IDENTIFIED AS AP
047-230-059 AND 060.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
RECESS: 12:07 P.M.
RECONVENE: 1:38 P.M. (CHAIR McLAUGHLIN NOT PRESENT; VICE
CHAIR MEYER PRESIDING}
Page 78
March 12, 1996
ch I2 1996
Remdu Aar
46-80 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A
MOTION OF II~I'TENT ADOPTED - BiU Retzer/Richard L. Norlund -consideration
of an appeal of the Planning Commission's approval of the Clay Gunn use permit
(item on which a negative declaration with mitigation measures regarding
environmental impacts has been recommended) to allow multiple recreational
activities including bingo, dancing, concerts, baseball clinics, swap meets, wedding
receptions, and a residential care facility for up to l2 children on property zoned "U'
(Unclassified) and S-H (Scenic Highway}, property located on the east side of Clark
Road, approximately l I2 mile north of Highway 70, identified as AP 041-1 SO-041,
Oroville -action requested -ADOPT PROPOSED MOTION AND FINDINGS.
(1TTPUT FROM THE PUBLIC WILL BE LII~fITED TO COMMENTS ON THE
PROPOSED MOTION AND FINDINGS). (FROM 2-13-96} (2370) (***00)
(~»s~00)
MOTION: I MOVE TO DENY THE APPEAL AND APPROVE THE CLAY
GUNK USE PERMIT MAKING ENVIRONMENTAL FINDINGS
A. 1 AND 2; B. 1 THROUGH 6 (a), (b), (c); C; D. 1 THROUGH
3; E. 1 THROUGH 6; F. l THROUGH 6; GENERAL PLAN AND
ZONING ORDIlVANCE FINDINGS A, B, C, D, E AND F; ACTION
A, B, C, D. 1 THROUGH 18; AND GENERAL CONCERT
CONDITIONS l9 THROUGH 33 (FWDINGS AND CONDITIONS
CONTAINED WITHIN STAFF MEMORANDUM TO THE
BOARD DATED MARCH 4, 1996) MODIFIED TO INCLUDE
PUBLIC WORKS, CALTRANS AND THE F[RE DEPARTMENT
DETERMINING THE MOST APPROPRIATE LOCATION FOR
ACCESS TO THE PROJECT TO ADDRESS THE ISSUES OF
TRAFFIC CIRCULATION AND SAFETY.
M
VOTE' 1 2 3 4 NP 5 (Motion Dies/Lack of Second)
Page 79
March 12, 1496
March I2. I995
96-80 MOTION: I MOVE TO DENY THE APPEAL AND APPROVE THE
MODIFIED CLAY GUNK USE PERMIT IN ACCORDANCE
WITH THE STAFF MEMORANDUM TO THE BOARD DATED
MARCH 4, 1995 A5 MODIFIED: MAKING ENVIRONMENTAL
FINDINGS A. 1 AND 2; B. l THROUGH 5 (a), (b), {c); C; D. 1
THROUGH 3; E. 1 THROUGH 6; F. 1 THROUGH 6; GENERAL
PLAN AND ZONING ORDINANCE FINDINGS A. MODIFIED
AS FOLLOWS: THE USE OF THE PROPERTY, AS APPROVED
BY THIS PERMIT, IS CONSISTENT WITH THE CURRENTLY
ADOPTED GENERAL PLAN FOR BUTTE COUNTY AND ITS'
ELEMENTS AND IS SPECIFICALLY CONSISTENT WITH THE
LAND USE ELEMENT. THE LAND USE ELEMENT MAP
DESIGNATES THIS PROPERTY AS GRAZING AND OPEN
LANDS. BASED ON THE POLICIES WITHIN THE TEXT
GENERAL PLAN FOR THE GRAZING AND OPEN LANDS
DESIGNATION, THE PRIMARY PURPOSE OF THIS
DESIGNATION IS TO PROVIDE LARGE AREAS OF LAND
NEEDED AND SUITED FOR COMMERCIAL GRAZING
ACTIVITIES. ALSO ALLOWED, AS A SECONDARY USE, IS
OUTDOOR RECREATION. SECONDARY USES, AS LISTED IN
THE LAND USE ELEMENT, ARE THOSE THAT CAN BENEFIT
FROM LARGE PARCEL SIZES AND LIMITED POPULATION
DENSITY BUT DO NOT DETRACT FROM OR INTERFERE
WITH GRAZING ACTIVITIES ON THE SAME OR ADJACENT
PARCELS. THE USE OF THE PROPERTY FOR PERIODIC
CONCERT EVENTS; FOR PICNIC FACILITIES, FOR
BASEBALL CLINICS, INCLUDING THE CONSTRUCTION OF
A BASEBALL FIELD; AND FOR WEDDINGS IS DEEMED
CONSISTENT. ACIT~TIES ASSOCIATED WITH WEDDINGS
MAY TH R ANY
R E I T BE AN ILLARY INCE THE PERMIT
IS DEEMED CONSISTENT BECAUSE THE USES ARE
PRIMARILY TO BE O[]TDOORS. THE MAIN ATTRACTIONS
OF THIS PROPERTY FOR WEDDINGS ARE THE WELL KEPT
GROUNDS, LARGE LAWN AREA WITH ADJACENT POND,
AND QUIET COUNTRY ATMOSPHERE. HAVING A
STRUCTURE AVAILABLE FUSE BY WEDDING GUESTS
IS AN ADDED OPTION FOR GUESTS. THE INDOOR
ACTIVITIES ASSOCIATED WITH WEDDING EVENTS WILL
UTII.IZE A BUILDING ALREADY ON SITE, AND NONE OF
THE ACTIVITIES OR STRUCTURES ON PROPERTY DETRACT
FROM, OR INTERFERE WITH, THE USE OF ADJACENT
Page 80
March 12, 1995
March 12. 1996
96-80 LANDS FOR GRAZING PURPOSES. WILL B
A IN E
OF OCCUPANCY IS ISSUED.. B, C, D, E AND F; ACTION A, B,
C, D. 1 THROUGH 3, 4. MODIFIED AS FOLLOWS: PRIOR TO
THE MMEN F ANY A T P ANT
THIS PERMIT' CONSTRUCT ACCESS WHERE PUBLIC
WORKS. CALTRANS AND THE FIRE DEPARTMENT
DETERMINE 1T 15 APPROPRIATE FOR 'T'RAFFIC SAFETY
AND CIRCULATION. CONSTRUCT A STANDARD CALTRANS
COMMERCIAL ROAD APPROACH FOR ANY ACCESS TO
HIGHWAY 191., 5 THROUGH 8, 9. AMENDED AS FOLLOWS:
THIS USE PERMIT IS APPROVED IN ACCORDANCE WITH
THE IT PLAN N FILE IN P DIVI I N
FFI E WHI H IN L E P INT A
DETERMINED AND APPROVED BY PUBLIC , WQRKS.
CALTRANS AND THE FIRE DEPARTMENT. THE APPROVED
SITE PLAN TO BE SUBMITTED TO THE PLANNING~DIVISION
PRIOR TO ISSUANCE OF THE USE PERMIT. ; 10, 11, 12
AMENDED AS FOLLOWS: NO EVENTS OR ACTIVITIES MAY
OCCUR WITHIN THE 10.000 SQUARE FOOT BUILDING QN
SITE UNTII.. ALL BUILDING PERMITS FOR THE STRUCTURE
HAVE BEEN APPROVED , , ,AND _ A CERTIFICATE OF
OCCUPANCY ISSUED. AND ALL NOTICES OF VIOLATION
WITH BUTTE COUNTY HAVE BEEN CLEARED.; 13
THROUGH 18; AND GENERAL CONCERT CONDITIONS 19
THROUGH 27; DELETE CONDITION 28; AND ACCEPT
CONDITIONS 29 THROUGH 33 TO BE RENUMBERED TO
CONDITIONS 28 THROUGH 32.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
RECESS: 3:37 P.M.
RECONVENE: 3:48 P.M. (CHAIR McLAUGHLIN PRESIDING}
Page 81
March 12, 1996
March 12, 199¢
96-81 Connerly & Associates -approval is requested for a contract to administer and
perform the work required by the Planning and Technical Assistance Grant #95-
STBG-954 awarded by the State under its Housing and Community Development
Block Grant Program. The purpose of this grant is for the preparation of a
neighborhood revitalization strategy in Chapmantown -action requested -AWARD
CONTRACT TO CONNERLY & ASSOCIATES iN THE AMOUNT OF 515,600
AND AUTHORIZE THE CHAIR TO SIGN. (257)
MOTION: I MOVE TO AWARD THE CONTRACT TO CONNERLY 8i
ASSOCIATES IN THE AMOUNT OF S 15,600 AND AUTHORIZE
THE CHAIIt TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried}
96-82 CertiScation to the results of the examination of the petition titled "Initiative
Ordinance Amending Butte County Genera] Plan and Comprehensive Zoning
Ordinance; Repealing Agricultural Protection Zone; and Rezoning U (Unclassified)
Zones" -action requested:
A. ACCEPT CERTIFICATION OF SUFFICIENCY OF THE PETITION; AND
B. (1) PASS THE ORDINANCE WITHOUT ALTERATION; Q$ (2)
DIRECT STAFF TO PREPARE A RESOLUTION TO PLACE THE
PROPOSED ORDINANCE ON THE NOVEMBER 5, 1996, GENERAL
ELECTION BALLOT; QR (3) REQUEST A REPORT PURSUANT TO
ELECTIONS CODE SECTION 9111. (309)
Page 82
March 12, 1996
I 6
9b-82 MOTION: I MOVE TO ACCEPT CERTIFICATION OF SUFFICIENCY OF
THE PETITION; AND REQUEST A REPORT PURSUANT TO
ELECTIONS CODE SECTION 9111 TO INCLUDE THE
FOLLOWING ADDITIONAL ITEMS: FISCAL IMPACT
{INCLUDE FISCAL IMPACT ON THE PEOPLE WHO
PERSONALLY PAID FOR THE SPECIFIC PLAN AND E[R FOR
CSA 87), GENERAL PLAN INTERNAL CONSISTENCY,
GENERAL PLAN AND ZONING CONSISTENCY, LIST OF THE
GENERAL PLAN AND ZONING AMENDMENTS WHICH HAVE
OCCURRED SINCE JANUARY 24, 1995, ALL OF WHICH
WOULD BE REPEALED (AG ELEMENT, NORTH CHICO
SPECIFIC PLAN AND ALL OTHERS}, EFFECT OF SUCH
REPEALS, EFFECT OF MEASURE'S REDUCTION IN
ALLOWABLE PARCEL SIZES (ACRES AFFECTED,
POTENTIAL NUMBER OF ADDITIONAL PARCELS, AND
EFFECT ON SERVICE PROVIDERS IF DEVELOPED), EFFECT
OF REZONING "U" ZONES (20 ACRE MINIMUM) TO FIVE
ACRE ZONES (ACRES AFFECTED, POTENTIAL NUMBER OF
ADDITIONAL PARCELS, EFFECT ON SERVICE PROVIDERS
IF DEVELOPED), EFFECT OF ALLOWING MORE AND
BIGGER SECOND RESIDENTIAL UNITS (POTENTIAL
NUMBER OF ADDITIONAL UNITS AND EFFECT ON SERVICE
PROVIDERS IF DEVELOPED), ENVIRONMENTAL EFFECTS
OF THE ABOVE {EVEN THOUGH EXEMPT FROM CEQA},
SUMMARY OF PRINCIPAL EFFECTS, ISSUE OF THE
TAKINGS PROVISION IN THE MEASURE WHICH REQUIRES
COMPENSATION TO A PROPERTY OWNER FOR COUNTY
ACTION WHICH DIMINISHES THEIR PROPERTY IN VALUE
BECAUSE IT LIMITS TI-IE USE OF THE PROPERTY, AND
HOW THE MEASURE WOULD LIMIT THE ABILITY OF THE
PLANNING COMMISSION, DEVELOPMENT SERVICES,
BOARD OF SUPERVISORS AND NEIGHBORHOOD
PETITIONERS TO II~IITIATE AMENDMENTS IN ZONING OR
GENERAL PLAN (BASICALLY THE MEASURE WOULD LIIViIT
CHANGES TO THOSE WHEREIN THE PROPERTY OWNERS
ARE TN UNANIMOUS AGREEMENT, OR WOULD HAVE TO
GO TO THE ELECTORATE.) THE BOARD SPECIFICALLY
REQUESTS THAT COUNTY COUNSEL WORK CLOSELY
WITH PLANNING AND ADMINISTRATION IN THE
PREPARATION OF THE REPORT.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 83 March 12, 1996
ba[ch 12. 1996
96-83 Public Comment. (PRESENTATIONS WILL BE LIIbiiITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTED IF TT IS NOT LISTED ON THE
AGENDA.) (NONE)
96-84 Closed Session (NONE)
95-85 Communications received and referred. (COPIES OF ALL COMNiUNICAT10NS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Mark J. Madrid, Forest Supervisor, U.S. Department of Agriculture -writes
asking if the County is interested in becoming involved in the development of
the Feather River Scenic Byway (I-Iighway 70). (REFER TO DIRECTOR-
PUBLIC WORKS)
B. Glenn Hoffman and Neighbors -write to advise the Board that the vast
majority of residents along Jones Avenue (except for one) are strongly
opposed to the proposed bike path for their roadway. (REFER TO
DQtECTOR-PUBLIC WORKS}
ADJOURNMENT; There being no further business before the Board, the meeting
was ad}ourned at 4:05 p.m. to reconvene on Thursday,
March l4, 1996 at 7:00 p.m. in the City of Chico Council
Chambers, 42l Main Street, Chico.
C
ED McLAUGHLIN, 'r
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and ClI~~lerk of the Board of Supervisors
By: ~1. ~, a r _ ~~ ~
Page 84
March 12, 1996