HomeMy WebLinkAboutM032294Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Dolan, Houx, Thomas and
Chairman McLaughlin. Not present: Supervisor Meyer.
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.
Chairman McLaughlin, on behalf of the Board, requested a
moment of silence and reflection in honor of Bob Bellin,
a great leader in the Chico area, upon his untimely death
on March 20, 1994 and in support of Supervisor Bob Meyer
in his fight again illness, and their families.
Supervisor Houx requested a letter of congratulations to
Vivian Meyer, offering the Board's congratulations for
her being honored by the State Legislature as a
California "Woman of the Year".
94-86 Items removed from the Consent Agenda for Board
consideration and action.
1. Greater Chico Urban Area Redevelopment Protect
Area - action requested - ADOPT RES OLUTION
CONFIRMING MODIFICATIONS TO THE POLICIES OF THE
JOINT CITY OF CHICO-COUNTY REDEVELOPMENT REVIEW
COMMITTEE .
2. Butte county Housing Authority - Board approval is
requested of its application for the Federal
Mortgage Credit Certificate Program. The program,
which will use no County funds, will assist
qualified home buyers in qualifying for home
mortgages - action requested - BOARD APPROVAL AND
AUTHORIZE THE CHAIR TO SIGN RESOLUTION OF SUPPORT.
Page 79
March 22, 1994
March 22, 1994
94-86 3. Court building architect services - amendment
no. 2 - the amendment with Michael Ross • Charles
Drulis Architects and Planners, in association with
Dreyfuss and Blackford Architects, provides for
detailed cost estimation services which was
envisioned when the project was originally planned.
The amendment is in the increasing amount of $9,020
and increases the agreement to $431,020 - action
requested - APPROVE AMENDMENT NO. 2 AND AUTHORIZE
THE CHAIR TO SIGN.
94-87 1. Approval of minutes - action requested - APPROVE
MINUTES OF MARCH 8, 1994.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-137 (SHERIFF/ADMINISTRATION), 8-
138 (SHERIFF/OPERATIONS), AND B-139 (PUBLIC
HEALTH/GENERAL SERVICES).
3. County Library donations - in accordance with
Government Code Section 25355, donations of $5,700
from Gridley Friends of the Library, $1,389 from
Chico Friends of the Library, $1,086.32 from
Friends of the Library in Oroville, $240 from
Paradise Friends of the Library and $100 from Budd
Lindsley, Paradise 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. County Library donations - in accordance with
Government Code Section 25355, a donation of $2,500
has been received from Gridley Friends of the
Library for the Butte County Library Trust Fund for
continuing operations - action requested -
ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
5. Long Term Care Council - action requested -
APPOINT ASHER CLARK AND DOROTHY BIONDO (OVER 55
CATEGORY), AND CARMEN OCHOA (COUNTY HEALTH PROGRAM)
TO UNSPECIFIED TERMS.
6. Butte County Water Commission - action requested -
APPOINT BOB FORTING (DISTRICT 5) TO FILL AN
UNEXPIRED TERM ENDING DECEMBER 31, 1996.
Page 80
March 22, 1994
94-87 7. General Plan (Land Use Element) Amendments - action
requested - RESCHEDULE THE APRIL 12, 1994 GENERAL
PLAN AMENDMENT HEARING DATE TO APRIL 26, 1994.
8. County Service Area No. 157 (Valley Oaks
Subdivision) - the Local Agency Formation
Commission has approved formation of the county
service area to provide storm drainage, street, and
fire water line maintenance pursuant to Government
Code Section 25210.14 - action requested - ADOPT
RESOLUTION 94-29 AND AUTHORIZE THE CHAIR TO SIGN.
9. Conveyance of Development Rights and Open Area
Easement - pursuant to use permit no. 92-42,
condition no. 6, Dale D. Grissom, Jr. and Mary
Susan Grissom have executed a Conveyance of
Development Rights and Open Area Easement - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN THE CERTIFICATE OF ACCEPTANCE.
10. Right of way within A. F. Jones Subdivision, Durham
area - a subdivision map recorded in 1911 contained
an offer of dedication of a right of way for public
highway purposes, conditioned upon relocation of
the then existing railway from within said right of
way to lot 32 of the subdivision. The railway was
never relocated, and the subdivider granted the
County the public highway right of way in lot 32
where Jones Avenue is now located - action
requested - ADOPT RESOLUTION 94-30 FOR SiJNII~SARY
ABANDONMENT OF OFFER OF DEDICATION OF DURHAM AVENUE
FOR A PUBLIC HIGHWAY WITHIN A. F. JONES
SUBDIVISION, DURHAM AREA, AND ACCEPT QUIT CLAIM
DEED FROM CENTER LAND COMPANY AND AUTHORIZE THE
RECORDATION THEREOF.
11. Data processing equipment - action requested -
DECLARE COMPUTER PERIPHERAL ITEMS (FIXED ASSET NOS.
00017700, 00017701, 00017702, 00017703, 00017704,
00017705, 00018499, 00018450, 00018798, 00018857,
00019107, 00019149, 00019272, 00019273, 00019274,
M000253, M00254, M00255 AND M00256) SURPLUS TO THE
NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE
PURCHASING OFFICE.
12. District Attorney - Board authorization is
requested to press into service a 1984 Ford pickup
(vin ~1FTHF2616EPB07209), valued at $6,500 and a
1988 Terry car trailer (license 1BZ2972), valued at
$2,500 seized and forfeited pursuant to California
Narcotics Forfeiture Statutes - action requested -
ACCEPT ITEMS AND APPROVE PLACEMENT ON THE DISTRICT
ATTORNEY'S INVENTORY OF COUNTY PROPERTY.
Page 81
March 22, 1994
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94-87
March 22, 1994
13. Public Works Department - Board authorization is
requested to retrofit two roadside mower tractors
with respiratory approved, enclosed cabs. Nelson
Spray Cab is the only manufacturer of a certified
and OSHA approved pesticide spray cab - action
requested - APPROVE SOLE SOURCE FIXED ASSET
PURCHASE OF TWO NELSON SPRAY CABS FROM MUNICIPAL
MAINTENANCE EQUIPMENT IN THE MAXIMUM AMOUNT OF
$11,000.00 EACH (DEPARTMENT SAVINGS/RESTRICTED),
PLUS TAX.
14. Resolution certifying conformance with the Clean
Air Transportation Improvement Act (CATIA) for
Proposition 116 non-urban County transit projects
and authorizing the Director-Public works to sign
pertinent documents - action requested - ADOPT
RESOLUTION 94-31 AND AUTHORIZE THE CHAIR TO SIGN.
15. North Butte County Municipal Court - Chico and
Paradise Branch - applications for discharge from
accountability for collection of judicial district
fines, assessments, or penalties have been
submitted pursuant to Government Code Section
25257. Traffic cases will be cleared when the
defendant applies for a driver's license or a
license renewal, and criminal cases will clear when
the defendant is arrested on a warrant of arrest.
The court will attempt full collection at that
time. Such discharge from accountability does not
constitute a release of any person from liability
for payment of any amount - action requested -
AUTHORIZE ACTION PURSUANT TO GOVERNMENT CODE
SECTION 25259.
16. Investments information report - the Treasurer-Tax
Collector submits the February, 1994 report in
accordance with the County's Statement of
Investment Policy dated June 1, 1993 - action
requested - ACCEPT FOR INFORMATION.
Page 82
March 22, 1994
94-87 17. Adoption of a salary ordinance amendment - the
Director-Personnel and the MCS Unit reached
agreement settling a grievance relating to errors
made in implementing the Nash Classification and
Compensation Study with regards to the following
classifications: Library Literacy Specialist (from
salary range 1160 to 1183), reclassify Librarian II
to Librarian III (from salary range 1160 to 1183),
retitle Sheriff's Coordinator Background/Employment
to Sheriff's Staffing Specialist (from salary range
1130 to 1155), Assistant Municipal Court
Administrator (from salary range 1168 to 1196),
Manager-Facilities (from salary range 1231 to 1251)
effective February 26, 1994 and
Planning/Administrative Support Services Assistant
(from salary range 1130 to 1148) effective
October 10, 1992 - action requested - ADOPT
ORDINANCE 3128 AND AUTHORIZE THE CHAIR TO SIGN.
18. Introduction of an ordinance amending Section 20-4,
Section 20-95, Subsection (b), and Section 20-166
of the Butte County Code regarding subdivision
design exceptions, boundary line adjustment
requirements, and time for review of Certificate of
Compliance requests - action requested - WAIVE
READING OF THE ORDINANCE.
19. Resolution in support of the Governor's efforts to
obtain additional Federal funding for human
services and services for illegal immigrants -
action requested - ADOPT RESOLUTION 94-32 OF
SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
20. Resolution designating Labor Day, in perpetuity, as
"Try American Day" - action requested - ADOPT
RESOLUTION 94-33 AND AUTHORIZE THE CHAIR TO SIGN.
21. Resolution authorizing the creation of a drug free
zone - Board approval is requested for the
establishment of that subdivision known as the
Western Pacific Addition and that portion of Long
Bar Road lying outside the City of Oroville as a
drug free zone - action requested - ADOPT
RESOLUTION 94-34 AND AUTHORIZE THE CHAIR TO SIGN.
Page 83
March 22, 1994
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94-87
22. County of Butte (No. 55201-93-1)/City of Chico (No.
20-899) Joint Street Project- proposed is an
agreement between the County and the City of Chico
for the construction of Holly Avenue Bridge over
Lindo Channel and construction of Holly Avenue at
Lindo Channel to be jointly funded by County
(50$/RESTRICTED) and City (50$) Federal
Apportionment Exchange Program Funds except for the
installation of sanitary sewer facilities (100$
City) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
23. Agreement for right of way acquisition - Oroville
Bangor Highway (from LaPorte Road to 1.6 miles
northwest), project no. 10661-92-1:
PARCEL
NOS. OWNER ACRES
1 Bangor Community Park 0.14
2 Tyler, Alan B. and
Denise B. 0.21
PURCHASE
I~Q IMPROVEMENTS TOTAL
0 0 0
0 0 0
action requested - APPROVE AGREEMENTS FOR
ACQUISITION AND AUTHORIZE THE CHAIR TO SIGN, ACCEPT
DEEDS AND AUTHORIZE THE CHAIR TO SIGN CERTIFICATES
OF ACCEPTANCE.
24. Agreement for right of way acquisition - LaPorte
Road (from 1.2 miles Southwest of Bangor to
Oroville Bangor Highway), project no. 03531-92-1:
PARCEL
NOS• W EI
4 Letterman, Kathleen 0.08
5 Arnoldsen, Glade M. 0.55
and Kathleen F.
PURCHASE
Ldp IMPROVEMENTS TOTAL
$ 560 0 $ 560
$3,850 0 $3,850
action requested - APPROVE AGREEMENTS FOR
ACQUISITION AND AUTHORIZE THE CHAIR TO SIGN, ACCEPT
DEEDS AND AUTHORIZE THE CHAIR TO SIGN CERTIFICATES
OF ACCEPTANCE.
Page 84 March 22, 1994
~ ~
94-87
25. Chico Library property - a lease and lease addendum
have been prepared with Chico Sherman Village
Apartments covering a portion of the undeveloped
area between the existing library parking lot and
the adjoining property owner to the north. The
lease is for $1 per year plus possessory interest
taxation in exchange for improvements to the
property - action requested - ADOPT RESOLUTION 94-
35 APPROVING THE LEASE AGREEMENT AND ADDENDUM AND
AUTHORIZE THE CHAIR TO SIGN.
26. Berry Creek/Mooretown Tribal Health Organization -
proposed is an agreement to provide alcohol
prevention community services to Native Indian
communities, families and individuals in Butte
County. The term of the agreement is October 1,
1993 through June 30, 1994 in the maximum amount of
$23,810 (Federal) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
27. State Department of Alcohol and Druq Programs -
proposed is amendment A3 to the State negotiated
net rate (NNA) contract (NET04-91) to amend payment
provisions (fiscal year 1993-94 amounts are
amended) and incorporating the budget forms as
submitted by the County's Alcohol and Drug
Services. The term of the contract is July 1,
1993 through June 30, 1994 in the maximum amount of
$2,053,562 (State/Federal) available to the Butte -
action requested - APPROVE AMENDMENT TO CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN.
28. Tehama Recovery Center, Inc. (TRC) - proposed is an
amendment to the agreement for the provision of
residential treatment services to provide a maximum
of $73,892 ($44,878/alcohol; $4,966/drug; and
$24,048/drug perinatal only) commencing July 1,
1993 through June 30, 1994 - action requested -
APPROVE AMENDMENT TO CONTRACT (NO. 93-94/23A) AND
AUTHORIZE THE CHAIR TO SIGN.
29. Multiple Offender Drinking Driver Proposal - on
behalf of the Board, the Alcohol Program
Administrator is responsible for overseeing
Multiple Offender Drinking Driver Programs. The
County has historically adopted an open competition
policy. The proposal from "Solutions" has been
through local review of the judges - action
requested - AUTHORIZE THE ALCOHOL PROGRAM
ADMINISTRATOR TO FORWARD THE PROPOSAL TO THE STATE
DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS FOR
LICENSING REVIEW.
Page 85
March 22, 1994
/'` ,--.
94-87 30. 1993-94 County Medical Services Program (CMSP) -
the proposed contract, in the amount of $6.4
million (realignment/ County restricted) provides
medical and dental services to eligible low income
County residents - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
31. State Department of Health Services - a declaration
of intent has been prepared to enter into a
contract with the State for participation in the
County Medical Services Program (CMSP) during the
period July 1, 1994 through June 30, 1995. The
CMSP Program provides medical services to low
income residents of the County - action requested -
APPROVE DECLARATION OF INTENT AND AUTHORIZE THE
CHAIR TO SIGN.
32. Neal Road Landfill - waste tire disposal - in
October, 1993 four bids were received by the Public
Works Department for contractors to cut and dispose
of tires on an on-going basis. Public Works has
conducted further review of the original bids and
determined that the second ranking bid, Oroville
Solid Waste Disposal, is most cost effective
because of their capability to dispose of any tire,
regardless of size, with or without rims - action
requested - AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO
DIRECT OROVILLE SOLID WASTE DISPOSAL TO PROCEED
WITH THE WORK IN ACCORDANCE WITH THE ACCEPTED BID,
THE COST NOT TO EXCEED $2,000 WITHOUT PRIOR PUBLIC
WORKS APPROVAL.
33. Local Government Used Oil Opportunity Grant
(Opportunity Grant) Program/State Integrated Waste
Management Board - an Opportunity Grant application
has been prepared requesting $13,031 in grant
funding to capitalize on a waste oil recycling
tank, and supporting materials, to establish a
waste oil recovery program at the Neal Road
Landfill. The total program cost is $17,162
($2,931 County/Heal Road Landfill Management
Fund) - action requested - ADOPT RESOLUTION 94-36
AUTHORIZING SUBMITTAL OF THE GRANT APPLICATION AND
AUTHORIZE THE CHAIR TO SIGN.
Page 86
March 22, 1994
n .-.
March 22. 1994
94-87 34. County of Butte/City of Oroville - proposed is an
amendment to the agreement for County residents'
participation in the City's Household Hazardous
Waste Collection Program which extends County
participants' eligibility to residents whose refuse
collection company has contracted with Oroville
Solid Waste Disposal (OSWD) to dispose of household
hazardous waste materials that are prohibited from
burial in sanitary landfills, and also extends the
agreement to June 30, 1999 - action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
35. 1995-96 Off-Highway (OHV) Grant application - the
proposed grant application to the State for
continued funding for 1995-96 allows reimbursement
for four part-time deputies and vehicle maintenance
in the amount of $19,000 to patrol the Butte
Meadows, Jonesville and Stirling City areas on
snowmobiles. In addition to enforcement of OHV
laws, officers will focus attention on litter
problems along the existing 100 miles of trails,
vandalism, illegal trespass on private property and
illegal occupancy on public lands - action
requested - ADOPT RESOLUTION 94-37 APPROVING THE
1995-96 APPLICATION FOR THE STATE OFF-HIGHWAY
VEHICLE GRANT ENTITLED "JONESVILLE ENFORCEMENT
PROJECT" AND AUTHORIZE THE CHAIR TO SIGN.
36. Destruction of records pursuant to Government Code
Sections 26201 through 26205 and 26907 - as part of
an ongoing record storage and management project,
the Auditor-Controller requests Board approval for
destruction of specified records - action
requested - AUTHORIZE DESTRUCTION OF AUDITOR-
CONTROLLER RECORDS (1987-88 PAID WELFARE WARRANTS,
WELFARE - ATP'S, GENERAL COUNTY PAID WARRANTS,
GENERAL COUNTY WARRANT VOUCHERS, AND 1986-87-88
REDEEMED TRANSIT TICKETS).
37. 1994 California State Fair - County exhibit - Board
approval is requested for appointment of the Butte
County 4-H Council (Susan S. Osaki, Youth
Development Advisor) as official representative of
the County responsible for the County exhibit -
action requested - APPROVE COUNTIES EXHIBITS
AUTHORIZATION AND APPOINTMENT AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM
3.13 AS AMENDED, AND THE REMOVAL OF ITEMS
3.20, 3.26 AND 3.28.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 87 March 22, 1994
94-88 Items removed from the Consent Agenda for Board
consideration and action.
1. Greater Chico Urban Area Redevelopment Project
Area - action requested - ADOPT RESOLUTION
CONFIRMING MODIFICATIONS TO THE POLICIES OF THE
JOINT CITY OF CHICO-COUNTY REDEVELOPMENT REVIEW
COMMITTEE. (NO ACTION TAKEN)
2. Butte County Housing Authority - Board approval is
requested of its application for the Federal
Mortgage Credit Certificate Program. The program,
which will use no County funds, will assist
qualified home buyers in qualifying for home
mortgages - action requested - BOARD APPROVAL AND
AUTHORIZE THE CHAIR TO SIGN RESOLUTION OF SUPPORT.
(147)
MOTION: I MOVE TO APPROVE THE BUTTE COUNTY HOUSING
AUTHORITY~S APPLICATION FOR THE FEDERAL
MORTGAGE CREDIT CERTIFICATE PROGRAM AND
AUTHORIZE THE CHAIR TO SIGN RESOLUTION 94-38
OF SUPPORT.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. Court building architect services - amendment
no. 2 - the amendment with Michael Ross • Charles
Drulis Architects and Planners, in association with
Dreyfuss and Blackford Architects, provides for
detailed cost estimation services which was
envisioned when the project was originally planned.
The amendment is in the increasing amount of $9,020
and increases the agreement to $431,020 - action
requested - APPROVE AMENDMENT NO. 2 AND AUTHORIZE
THE CHAIR TO SIGN. (NO ACTION TAKEN)
94-89 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
94-90 Update on Sacramento legislative and budget activities.
(470) (JOHN S. BLACKLOCR, CHIEF ADMINISTRATIVE OFFICER,
REPORTED ON THE MARCH 11, 1994 "LOCAL GOVERNMENT BUDGET
BRIEFING" MEETING CONDUCTED BY SENATOR LESLIE WHICH HE
ATTENDED ALONG WITH CHAIRMAN McLAUGHLIN AND SUPERVISOR
HOUX.)
Page 88
March 22, 1994
March 22, 1994
94-91 Administrative Office reorganization plan - action
requested:
A. APPROVE REORGANIZATION PLAN FOR THE ADMINISTRATIVE
OFFICE.
B. WAIVE READING OF THE PROPOSED ORDINANCE AMENDING
ORDINANCE NO. 2979 OF THE COUNTY OF BUTTE KNOWN AS
THE SALARY ORDINANCE. (470)
MOTION: I MOVE TO APPROVE THE REORGANIZATION PLAN FOR
THE ADMINISTRATIVE OFFICE, AND WAIVE READING
OF THE PROPOSED ORDINANCE AMENDING ORDINANCE
NO. 2979 OF THE COUNTY OF BUTTE KNOWN AS THE
SALARY ORDINANCE.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-92 General Plan Update Work Program - action requested:
A. APPROVE PROPOSAL TO MODIFY THE EXISTING GENERAL
PLAN UPDATE WORK PROGRAM;
B. FORMATION OF A JOINT BOARD/COMMISSION ADVISORY
COMMITTEE (BCAC) AND APPOINTMENT OF TWO MEMBERS OF
THE BOARD OF SUPERVISORS AND TWO MEMBERS OF THE
PLANNING COMMISSION; AND
C. REQUEST LOCAL AGENCY FORMATION COMMISSION (LAFCo)
TO COORDINATE SPHERE OF INFLUENCE STUDIES WITH THE
COUNTY GENERAL PLAN UPDATE.
MOTION: I MOVE TO (A) APPROVE THE PROPOSAL TO MODIFY
THE EXISTING GENERAL PLAN UPDATE WORK PROGRAM
MODIFIED TO EXTRACT THE AGRICULTURAL ELEMENT
AND MOVE IT FORWARD IN A FASTER FASHION AND TO
INCLUDE A SEPARATE ECONOMICS ELEMENT, AND
UTILIZING LOCAL CONSULTANTS, (B} FORM A JOINT
BOARD/COMMISSION ADVISORY COMMITTEE AND
APPOINT SUPERVISORS DOLAN AND THOMAS AS
REPRESENTATIVES OF THE BOARD AND DISTRICT 1
(FERGUSON) AND DISTRICT 3 (NELSON) AS
REPRESENTATIVES OF THE PLANNING COMMISSION,
AND (C) APPROVE A LETTER FOR SIGNATURE BY THE
BOARD CHAIRMAN TO THE LOCAL AGENCY FORMATION
COMMISSION (LAFCo) ENCOURAGING LAFCo TO ASK
ITS STAFF TO PURSUE A SCHEDULE OF SPHERE
STUDIES THAT WILL COINCIDE WITH THE COUNTY'S
PROGRAM.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 89 March 22, 1994
,~
94-93 Consideration of a request for Board waiver of the 15 day
appeal requirement (Condition 1. Either provide a pump
test indicating that the existing well provides adequate
water for a residence, or place a note on the certificate
stating that there is no evidence that domestic water
is available.; Condition 2. Verify legal access to the
parcel from a publicly maintained road in accordance with
Section 20-134 of the Butte County Code.; and Condition
3. Provide two-way traversable access to the parcel from
a publicly maintained road.) (1453) (FROM 12-14-93)
MOTION: I MOVE TO WAIVE THE 15 DAY APPEAL REQUIREMENT
(CONDITION 1. EITHER PROVIDE A PUMP TEST
INDICATING THAT THE EXISTING WELL PROVIDES
ADEQUATE WATER FOR A RESIDENCE, OR PLACE A
NOTE ON THE CERTIFICATE STATING THAT THERE IS
NO EVIDENCE THAT DOMESTIC WATER IS AVAILABLE.;
CONDITION 2. VERIFY LEGAL ACCESS TO THE
PARCEL FROM A PUBLICLY MAINTAINED ROAD IN
ACCORDANCE WITH SECTION 20-134 OF THE BUTTE
COUNTY CODE.; AND CONDITION 3. PROVIDE TWO-
WAY TRAVERSABLE ACCESS TO THE PARCEL FROM A
PUBLICLY MAINTAINED ROAD.) AND UPON PAYMENT OF
THE APPROPRIATE APPEAL FEE BY THE APPLICANT,
DIRECT THE CLERK OF THE BOARD TO SET THE
MATTER FOR HEARING BEFORE THE BOARD.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-94 Consideration of a request for permission to cross the
one foot no-access strip, Pinion Road, Magalia (AP 065-
050-020). (1578) ((NO ACTION TAKEN)
RECESS: 10:00 A.M.
RECONVENE: 10:15 A.K.
Public Hearings and Timed Items
94-95 Public hearing - consideration of a grant application in
the amount of $500,000 to the California Department of
Housing and Community Development for funding under the
Community Development Block Grant Program for the year
1994 to provide funding for housing rehabilitation
projects in Butte County - action requested - ADOPT
RESOLUTION APPROVING THE APPLICATION AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-8-94) (2154)
Page 90
March 22, 1994
94-95 MOTION: I MOVE TO ADOPT RESOLUTION 94-39 APPROVING THE
APPLICATION AND AUTHORIZE THE CHAIRMAN TO
SIGN.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-96 Public hearing - Jane Dolan - appeal of the Advisory
Agency's approval of Art Cummings, tentative parcel map
(negative declarations with environmental mitigations
have been recommended), AP 039-220-054, four parcels,
property located on the east side of Fimple Road,
approximately 1250 feet southeast from its intersection
with Konning Avenue, South Chico area. (2217) (**00)
MOTION: I MOVE TO DENY THE APPEAL AND CONDITIONALLY
APPROVE THE ART CUNNINGS, INC. TENTATIVE
PARCEL MAP, MAKE THE FINDINGS CONTAINED WITHIN
STAFF MEMORANDUM DATED MARCH 7, 1994, AND
FURTHER MOVE TO ADOPT A NEGATIVE DECLARATION
WITH MITIGATION MEASURES AND APPROVE THE
TENTATIVE PARCEL MAP FOR ART CUNNINGS ON
AP 039-220-054 TO CREATE TWO PARCELS SUBJECT
TO LAND DEVELOPMENT CONDITION NOS. 5, 6, 10,
11 AND 12; HEALTH DEPARTMENT CONDITION NOS.
13, 14, 15 AND 16; PLANNING DIVISION CONDITION
NO. 17; AND MITIGATION MEASURE NO. 1.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-97 Public hearing - Ed McLaughlin - appeal of the Advisory
Agency's approval of Dan Cummings, tentative parcel map
(negative declarations with environmental mitigations
have been recommended), AP 039-090-027, four parcels,
property located on the northeast corner of Rogers Avenue
and Dayton Road, South Chico area. (1350)
Page 91
March 22, 1994
.-~
94-97 MOTION: I MOVE TO DENY THE APPEAL AND CONDITIONALLY
APPROVE THE DAN CUNNINGS TENTATIVE PARCEL MAP,
MAKE THE FINDINGS CONTAINED WITHIN THE STAFF
MEMORANDUM DATED MARCH 7, 1994, NOTE THAT THE
MAP MAY HAVE AN ADVERSE IMPACT ON AGRICULTURAL
CROP AND LAND USE BUT THE IMPACT HAS BEEN
MITIGATED TO THE POINT OF INSIGNIFICANCE BY
THE MITIGATION MEASURE OF HAVING FEWER PARCELS
(SPECIFIC INITIAL STUDY FINDINGS MODIFIED ARE
NOS. 4(d) and 8), AND FURTHER MOVE TO ADOPT A
NEGATIVE DECLARATION WITH MITIGATION MEASURES
AND APPROVE THE TENTATIVE PARCEL MAP FOR DAN
CUNNINGS ON AP 039-090-027 TO CREATE TWO
PARCELS SUBJECT TO LAND DEVELOPMENT CONDITION
NOS. 5, 6, 9, 10, 11, 12, 13, AND 15 (AMENDED
TO "ACCESS DRIVEWAYS TO INTERSECT DAYTON ROAD
ON EACH SIDE OF EXISTING CROUCH DITCH AS
APPROVED BY THE DIRECTOR-PUBLIC WORKS.);
PLANNING DIVISION CONDITION NO. 16; HEALTH
DEPARTMENT CONDITION NOS. 17, 18 AND 19;
AND MITIGATION MEASURE NOS. 1 AND 2.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
94-98 Consideration of an interim zoning ordinance adopted as
an urgency measure establishing an agricultural
protection zone - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (1563)
MOTION: I MOVE TO ADOPT ORDINANCE 3129 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(BOARD DIRECTION TO THE DIRECTOR-DEVELOPMENT SERVICES AND
THE LAND CONSERVATION COMMITTEE TO REVIEW POTENTIAL
ABUSES OF THE WILLIAMSON ACT WHICH ARE AGAINST THE
ORIGINAL INTENT OF THE ACT)
RECESS: 11:42 A.K.
RECONVENE: 11:52 A.M.
Page 92
March 22, 1994
Public Hearings and Timed Items
94-99 Public hearing - renaming a private road in the Magalia
area from Solomon Lane (Skyway to end) to Diego Lane -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (1979) (FROM 2-22-94)
MOTION: I MOVE TO ADOPT RESOLUTION 94-40 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-100 Public hearing - Butte County Housing Element -
consideration of minor amendments to the Butte County
Housing Element of the General Plan in order to
incorporate updated and current information concerning
housing conditions in the unincorporated communities of
the County - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (1996)
MOTION: I MOVE TO ADOPT RESOLUTION 94-41 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-101 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (2036)
1. Gordon Thomas, Magalia - item 8.01(b) - voiced his
support for working out a long term arrangement,
amortized with interest, for the Community Action
Agency's past due past debt.
94-102 Discussion of space allocation for District Attorney's
Office. (2098) (***00) (BOARD DIRECTION TO THE DISTRICT
ATTORNEY TO CONTINUE, IN COORDINATION WITH THE
ADMINISTRATIVE OFFICE, TO EXPLORE OFF-SITE RELOCATION
OPPORTUNITIES FOR THE FAMILY SUPPORT DIVISION AND BRING
THE PROPOSAL BACK TO THE BOARD FOR APPROVAL)
94-103 CLOSED SESSION: The Board recessed at 12:25 p.m. for
a closed session pursuant to
Government Code Section 54957 (two
personnel matters) and pursuant to
Government Code Section 54957.6
(meet and confer).
Page 93
March 22, 1994
March 22. 1994
94-103 RECONVENE: The Board reconvened at 1:42 p.m.
following a closed session pursuant to
Government Code Section 54957 (two
personnel matters) and pursuant to
Government Code Section 54957.6 (meet and
confer). (NO ANNOUNCEMENTS)
94-104 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Amador Garcia, Oroville - submits his resignation
as the District 4 representative to the County
Commission on Aging. (REFER TO CLERK OF THE BOARD)
b. Karen Fukushima, Interim Executive Director,
Community Action Agency - writes requesting that
the Board allow the Agency time to get its
financial situation under control before being
asked to pay the remaining general services
invoices from 1993 and prior ($36,924.79). (REFER
TO CHIEF ADMINISTRATIVE OFFICER AND AUDITOR-
CONTROLLER)
c. Jerry McGuire, County Superintendent of Schools -
comments on the County's General Plan revision
process on behalf of Butte County Schools. (REFER
TO CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-
DEVELOPMENT SERVICES)
d. Jim Gallagher, President, Chico Economic Planning
Corporation (CEPCO) - forwards its views on the
preservation, strengthening and protection of the
Chico Municipal Airport and the adjacent industrial
land, and comments that residential and other uses
of the land in the large area of CSA 87 and other
areas around the airport can be planned and
situated in ways and locations that are compatible
with maintaining the vitality of the airport.
(REFER TO DIRECTOR-DEVELOPMENT SERVICES)
e. Robert Fees, Chief, Education/Single Audits Branch,
Division of Audits, Office of the Controller of the
State of California - forwards the 1992-93 fiscal
year single audit report certification and audit
finding resolution. (REFER TO AUDITOR-CONTROLLER
AND DIRECTOR-WELFARE)
Page 94
March 22, 1994
~.
94-104 f. Bell-Muir Neighbors Against Annexation, Chico -
forwards a petition of 136 signatures representing
72$ of the registered voters residing within the
"sell-Muir Study Area" opposed to anY proposed
annexation into the City of Chico. (REFER TO
DIRECTOR-DEVELOPMENT SERVICES)
ADJOURNMENT: There being no
the Board, the
1:42 p.m. i
April 12, 1994.
further business before
meeting was adjourned at
o reconvene on Tuesday,
~.fl~ ~ t
ED McLAUGHLIN, IR
Butte County rd of Supervisors
ATTEST:
JOHN S. BLACKLOC , Chief Administrative Officer
and Clerk of a Board of Supervisors
By : ~~ z ,`~ CLP ~ _
Page 95
March 22, 1994