HomeMy WebLinkAboutM032393Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Meyer, Dolan, McLaughlin, Thomas
and Chair Houx present. John S. Blacklock, chief
administrative officer; Susan Minasian, county counsel;
and Carol Roach, assistant clerk of the Board.
Pledge of allegiance to the Flaq of the United States of
America.
93-94 Items removed from the Consent Agenda for Board
consideration and action:
1. Right of way acquisition - Midway Bicycle Pathway
between Chico and Durham, Project No. 88-2-04003 -
notice of intention to adopt resolution of
necessity to acquire certain real property or
interest in real property by eminent domain (Code
of Civil Procedures Section 1245.235):
Assessor's
Parcel Nq. gwner Parcel No.
3 Henneman Farms, Inc. 40-05-35
6 Alba B. Houseman 40-02-128
action requested - AUTHORIZE ISSUANCE OF NOTICE OF
INTENTION TO ADOPT RESOLUTZON OF NECESSITY TO
ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL
PROPERTY BY EMINENT DOMAIN (CODE OF CIVIL
PROCEDURES SECTION 1245.235), AUTHORIZE CHAIR TO
SIGN NOTICE OF INTENTION AND SET A PUBLIC HEARING
ON APRIL 27, 1993 AT 10:30 A.M.
2. Adoption of an ordinance establishing a speed limit
of 35 miles per hour on Lupin Avenue (Cohasset Road
to the Chico City limits), and 40 miles per hour on
Durham Dayton Highway (Stanford Lane to Lott
Road) - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN.
Page 95
March 23, 1993
March 23, 1993
93-94 3. Goldfarb & Lipman, attorneys at law - proposed is a
one year renewal of an agreement to retain attorney
services to help on issues reqardinq the Chico
Redevelopment Agency. All work assignments are
approved and monitored by County Counsel's Office -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
93-95 Consent Agenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF MARCH 9, 1993.
2. Budqet transfers - action requested - APPROVE
BUDGET TRANSFERS B-112 (SHERIFF), B-113 (PUBLIC
WORKS-ROAD CONSTRUCTION), B-114 (PLANNING), 8-115
(FIRE-VOLUNTEER), AND B-116 (AIR POLLUTIONj.
3. Fire Department - Board authorization is requested
to accept a donation of $10,750 from Stirlinq City
Volunteer Fire Company (Company 12) for one-half
the cost of a new squad chassis, $13,249 from
Cohasset Volunteer Fire Company (Company 21) for
one-half the cost of a new squad and utility bed,
and $13,249 from Concow Volunteer Fire Company
(Company 37) for one-half the cost of a new squad
and utility bed. The donations are part of the
50/50 cost share proqram with the Fire Department.
Budqet transfer B-115 has been prepared for the
necessary appropriation - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
4. District Attorney - a colposcope, an instrument
used in sexual assault examinations, is beinq
donated to the District Attorney's Office by the
Butte County Child Abuse Council. The colposcope,
with an estimated value of $1,600, will be used by
Dr. Lisa Benaron in Paradise who will conduct child
sexual assault examinatians for County law
enforcement aqencies and Child Protective
Services - action requested - ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECIATION.
Page 96
March 23, 1993
March 23. 1993
93-95 5. Final map - Locatelli Subdivision - the developer
has provided bonda to quarantee construction of
improvements within a period of one year on AP 27-
01-03, 30 lots, property located on the west side
of Dunstone Drive, approximately 2900 feet north of
Grubbs Road, Palermo Area - action requested -
APPROVE FINAL MAP; ACCEPT EASEMENTS AS OFFERED IN
THE OWNER'S STATEMENT ON BEHALF OF THE AGENCIES
LISTED; ACCEPT GRANT IN FEE SIMPLE ONE FOOT NO
ACCESS STRIPS AND DUNSTONE DRIVE AS OFFERED IN THE
OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN
THE SUBDIVISION AGREEMENT.
6. County Service Area No. 147 (Mariqold Estates) -
the Local Aqency Formation Commission has approved
the formation of the county service area to provide
street liqhting and storm drainage maintenance
pursuant to Government Code Section 25210.14 -
action requested - ADOPT RESOLUTION 93-27 AND
AUTHORIZE THE CHAIR TO SIGN.
7. Lake oroville Area Public Utility District -
proposed is a property tax exchanqe aqreement for
Oakvale Avenue Annexation District No. 3(LAFCo 93-
26) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
8. Lake Oroville Area Public Utility District -
proposed is a property tax exchanqe aqreement for
Hildale Avenue Annexation District No. 1(LAFCo 93-
27) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
9. Auditor-Controller - Board authorization is
requested to appropriate $2,561 of unanticipated
revenue from the contract to provide accountinq
services to the Butte County Association of
Governments for the purchase of seven modems and
related peripheral equipment to enable BCAG and
other off site aqencies/ departments to have on-
line access to their accountinq/financial records -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEMS.
10. Fire Department - Board authorization is requested
to award the bid to Wittmeier Chevralet, Chico for
the purchase of two new cab chassis specification
II, and one new cab chassis specification III in
the total amount of $74,494. The purchases are
part of the 50/50 cost share proqram with volunteer
fire companies. Budqet transfer B-115 has been
prepared for the necessary appropriation - action
requested - AWARD BID.
Paqe 97
Karch 23, 1993
93-95 11. Butte County Jail - a two step process is
recommended for selection of a desiqn/build
contractor for the Butte County Jail housinq
addition project. Step one involves submission of
statements of qualification and step two involves
separate sealed bids from firms deemed qualified -
action requested - APPROVE THE REQUEST FOR
QUALIFICATIONS PROCESS; SET MAY 5, 1993 FOR
SUBMISSION OF THE STATEMENTS OF QUALIFICATION; AND
SET THE BID OPENING DATE FOR JUNE 2, 1993 AT
3:00 P.M. IN THE PURCHASING OFFICE.
12. Public Health - on January 12, 1993 the Board
authorized purchase of several items of equipment
for use within the Department's laboratory and
clinic. 100 percent State Capital Outlay funds
will be utilized for these purchases. One of the
items, a refrigerated centrifuge, was oriqinally
budgeted at $7,500. The lowest bid for the item is
$7,686.60 (including shipping). Sufficient savinqs
are available within the equipment line item to
cover the additional cost - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEM.
13. 1992-93 California Health Care for Rural Health
Services Funds - the Director-Public Health has
prepared a Description of Proposed Expenditure of
California Health Care for Rural Health Services
Funds. In accordance with Section 16900, et seq.
of the Welfare and Institutions Code, the hospital
services, physician services, and other allocations
will be utilized to partially offset the cost of
providinq 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 - action requested - AUTHORIZE THE
CHAIR TO SIGN THE BOARD CERTIFICATION AND APPROVE
SUBMISSION OF THE DESCRIPTION OF PROPOSED
EXPENDITURE OF CALIFORNIA HEALTH CARE FOR RURAL
HEALTH SERVICES FUNDS FOR 1992-93.
Paqe 98
March 23, 1993
93-95 14. South Butte County Municipal Court - Oroville and
Gridley Branch - applications for discharqe from
accountability for collection of judicial district
fines, assessments, or penalties have been
submitted pursuant to Government Code Sections
25257 and 25258. 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.
15. Investment information report - the Treasurer/Tax
Collector submits the February, 1993 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
16. Introduction of a salary ordinance amendment - due
to the County Clerk-Recorder's on-going concern of
the increased cost involved with offerinq deferred
compensation, Board authorization is requested to
reduce per diem paid the classifications of
Election Clerk ($60/day), Election Judqe ($60/day),
and Election Inspector ($70/day) to $19 per day
flat per diem rate, as well as receive
reimbursement for traininq, mileage, meals, and
equipment pick-up/delivery - action requested -
WAIVE READING OF THE ORDINANCE.
17. Introduction of a salary ordinance amendment
establishinq the poaition of Seasonal Election
Worker at a flat rate hourly assignment of $6.24 to
$9.23 a hour (this is equivalent to step 1 of an
Office Assistant I to step 5 of an Office Assistant
III.) The Director-Personnel concurs with this
request as it will allow the Elections Divieion to
be more proactive in effectively hirinq staff prior
to critical election periods - action requested -
WAIVE READING OF THE ORDINANCE.
Page 99
March 23, 1993
93-95 18. Introduction of a salary ordinance amendment - the
Director-Personnel has recently negotiated a
settlement aqreement with the Social Service
Workers Unit wherein the classification of
Vocational Evaluator Technician is eliminated and
subsequently replaced with a Social Worker I, II
classification (the Vocational Evaluator Technician
is at the same salary range level as Social Worker
I). The Welfare Department, GAIN Division, has two
allocated positions of Vocational Evaluator
Technician (one incumbent is currently occupying a
position, and the other position is vacant). No
additional positions or fundinq is requested -
action requested - WAIVE READING OF THE ORDINANCE.
19. Unfunded immigration, refuqee, and undocumented
immiqration costs for the State of California -
action requested - ADOPT RESOLUTION 93-28
REQUESTING THE CLINTON ADMINISTRATION AND THE
CONGRESS TO PROVIDE $1.45 BILLION OWED CALIFORNIA
IN THE 1994 FEDERAL BUDGET ALLOCATIONS, AND
AUTHORIZE THE CHAIR TO SIGN.
20. Resolution modifying office hours of the South
Butte County Municipal Court - Gridley Branch -
Board authorization is requested to change public
office hours in the Gridley Branch Court to Monday
(closed), Tuesday (8:U0 a.m. - 5:00 p.m.),
Wednesday and Thursday (8:00 a.m.- 2:00 p.m.), and
Friday (closed) - action requested - ADOPT
RESOLUTION 93-29 AND AUTHORIZE THE CHAIR TO SIGN.
21. Resolution proclaiming March, 1993 to be Very
Special Arts Month in Butte County - action
requested - ADOPT RESOLUTION 93-30 AND AUTHORIZE
THE CHAIR TO SIGN.
22. Resolution proclaiminq April 9, 1993 as Family
Readinq Day in Butte County - action requested -
ADOPT RESOLUTION 93-31 AND AUTHORIZE THE CHAIR TO
SIGN.
23. The California Aqricultural Commissioner and
Sealers Association will hold its annual conference
in Butte County for the first time on April 26-30,
1993 - action requested - ADOPT RESOLUTION 93-32
RECOGNIZING THE DEDICATED SERVICE OF EACH
AGRICULTURAL COMMISSIONER AND SEALER/DIRECTOR OF
WEIGHTS AND MEASURES AND AUTHORIZE THE CHAIR TO
SIGN.
Paqe 100
March 23, 1993
93-95 24. Warner Street reconstruction (W. lst Avenue to W.
6th Avenue) - the County and City of Chico entered
into an aqreement, approved by the Board of
Supervisors at its December 15, 1992 meeting, to
share the costs of the reconstruction of Warner
Street from West First Avenue to West Sixth Avenue.
The City of Chico has opened bids for the project
and Leslie Construction, Redding was the low
bidder. Our share of the construction contract is
$231,215. $200,000 is currently budgeted for the
project from street facility fees collected in the
Chico Urban Area. Budget transfer B-113 has been
prepared for the additional appropriation of
$31,215 (Chico street facility feesj - action
requested - AUTHORIZE THE CITY OF CHICO TO AWARD
THE CONTRACT TO LESLIE CONSTRUCTION, REDDING.
25. Program supplement no. 013 to Master Aqreement No.
SLTPP-5912 - reimbursements of funds for qualified
projects under the State-Local Transportation
Partnership Proqram (SLTPP), formerly SB 140/SB
300, requires execution of a Program Supplement to
Master Aqreement No. SLTPP-5912 - action
requested - ADOPT RESOLUTION 93-33 AUTHORIZING
EXECUTION OF PROGRAM SUPPLEMENT NO. 013 AND
AUTHORIZE THE CHAIR TO SIGN.
26. State Department of Fish and Game (contract
no. FG2348) - the proposed agreement requires the
State to pay $10,000 to Butte County for use by the
County for the cost of the hydrologic model being
prepared for the Butte Basin Water Users
Association, of which the County is a member. The
payment of $10,000, pursuant to this contract, is
consistent with the State Department of Water
Resources' payment to the County of two percent of
the price paid to transferors for water purchased
by the Department for the Drought Water Bank -
action requested - ADOPT RESOLUTION 93-34 APPROVING
THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
27. Roger K. Masuda, a law corporation - proposed is a
one year renewal of an agreement to retain attorney
services to help on issues regardinq the Butte
Basin Groundwater Users Association. All work
assignments are approved and monitored by County
Counsel's Office - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Paqe 101
March 23, 1993
March 23, 1993
93-95 28. Library Materials Grant - Children - the California
State Library has invited the Butte County Library
to apply for a$25,000 grant from the Library
Service and Construction Act, Title I funds to
provide for the purchase of library materials for
children and youth (infancy - age 17). Funds may
only be used for materials - action requested -
APPROVE GRANT APPLICATION AND AUTHORIZE THE
DIRECTOR-LIBRARIES TO SIGN.
29. Metcalf and Eddy - the Regional Water Quality
Control Board is requiring additional water quality
monitoring, as a precautionary measure, in order to
complete the County's clean up of soil
contamination caused by a leaking fuel dispenser in
the Public Works Gridley Yard. The firm of Metcalf
and Eddy, which has provided all previous
monitorinq, has proposed to continue monitoring for
an additional cost estimated at $2,425. Funds are
available within the department's budget
(restricted funds) - action requested - AUTIiORIZE
THE WORK BY METCALF AND EDDY, IN ACCORDANCE WITH
THEIR LETTER PROPOSAL OF MARCH 12, 1993, AT A COST
NOT TO EXCEED $2,425 WITHOUT PRIOR PUBLIC WORKS
APPROVAL.
30. Mediation Center of the North Valley - submits an
operational report for Small Claims Advisor Service
(January 1, 1992 - February 28, 1993) - action
requested - ACCEPT FOR INFORMATZON.
31. Butte County Mental Health Advisory Board - Mental
Health Realiqnment leqislation (AB 1288 and SB 14)
directs that the local Mental Health Advisory Board
chanqe their name to Mental Health Board, and
streamline board size and duties - action
requested - APPROVE NAME CHANGE AND REVISED BYLAWS.
32. Butte County Respirator Protection Plan (RPP) - the
County's Safety Officer has made revisions to the
RPP in an effort to bring all County departments
into compliance with Section 5144, Title 8,
California Code of Regulations - action requested -
APPR0~7E REVISIONS TO THE COUNTY'S RESPIRATOR
PROTECTION PLAN.
33. 1993 California State Fair - County exhibit - Board
approval is requested for the appointment of the
Butte County 4-H Council (Deryl Waldren, 4-H 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.
Paqe 102 March 23, 1993
~~ ~
93-95
34. Biennial approval of local agency conflict of
interest code (non-exempt aqency) - Butte Water
District has reviewed their Conflict of Interest
Code and determined the code is current. Caunty
Counsel has reviewed this report and believes that
it is proper - action requested - BIENNIAL BOARD
APPROVAL OF CONFLICT OF INTEREST CODE.
35. Conflict of Interest Codes - Table Mountain
Irrigation District, Richvale Irriqation District,
and Seweraqe Commission - Oroville Region have
submitted their Conflict of Interest Codes for
Board approval pursuant to Government Code Section
87303 - action requested - PURSUANT TO GOVERNMENT
CODE SECTION 87303(B), REVISE THE PLACE OF FILING
ON TIiE TABLE MOUNTAIN IRRIGATION DISTRICT AND
RICHVALE IRRIGATION DISTRICT CODES, APPROVE CODES
AS REVISED, AND APPROVE THE SEWERAGE COM1rIISSION -
OROVILLE REGION CODE AS SUHMITTED.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.07, 3.17 AND 3.30.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
93-96 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: I MOVE TO APPOINT LARRY HAMMAN AS THE DISTRICT
4 REPRESENTATIVE TO THE BUTTE COUNTY HOUSING
AUTHORITY.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
b. West Feather River Levee Reconstruction Aqency -
Joint Exercise of Powers (JPA) - action requested -
APPOINTMENT OF AN ALTERNATE DIRECTOR.
MOTION: I MOVE TO APPOIN7
A REPRESENTATIVE
OFFICE, AND GREG
COUNSEL.
M
VOTE : 1 Y 2 Y 3 Y 4
'AS THE ALTERNATE DIRECTOR(S)
OF THE AIR POLLUTION CONTROL
EINHORN, CHIEF DEPUTY COUNTY
S
Y 5 Y (Unanimously Carried)
Page 103
March 23, 1993
-. --~
March 23, 1993
93-97 Public defender contracts - action requested - DIRECT
ADMINISTRATIVE OFFICE TO PREPARE AMENDED PUBLIC DEFENDER
CONTRACTS INCORPORATING CHANGES AND ADDITIONS AS
SPECIFIED IN THE ADMINISTRATIVE OFFICE'S LETTER DATED
MARCH 15, 1993. (130)
MOTION: I MOVE TO DIRECT THE ADMINISTRATIVE OFFICE TO
PREPARE AMENDED PUBLIC DEFENDER CONTRACTS
INCORPORATING CHANGES AND ADDITIONS AS
SPECIFIED IN THE ADMINISTRATIVE OFFICE'S
LETTER DATED MARCH 15, 1993.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-98 State Department of Social Services investment funds -
consideration of a qrant application for $100,000 of
1992-93 fundinq for use by the District Attorney's Family
Support Division, per State recommendation, larqely for
overtime and extra help waqes to allow staff to review
and take appropriate action on as many of its 22,000
files as possible within the three months remaininq in
the current fiscal year - action requested - AUTHORIZE
THE DISTRICT ATTORNEY TO SIGN AND SUBMIT AN APPLICATION
FOR STATE INVESTMENT MONIES. (556)
MOTION: I MOVE TO AUTHORIZE THE DISTRICT ATTORNEY TO
SIGN AND SUBMIT AN APPLICATION FOR STATE
INVESTMENT MONIES.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-99 Review of Metzqer rezone process - action requested:
A. FIND THAT NO FURTHER ACTION OF THE BOARD OF
SUPERVISORS IS NECESSARY AS TO THE REQUEST FOR
RECONSIDERATION OF THE BOARD'S DENIAL OF THE
METZGER REZONE APPLICATION PURSUANT TO THE ANALYSIS
INCLUDED WITHIN COUNTY COUNSEL'S FEBRUARY 26, 1993
MEMORANDUM;
B. FIND THAT THERE IS NO REQUIREMENT FOR ANY REFUND
BEYOND THE $100 DEPOSIT FOR PUBLICATION OF A REZONE
ORDINANCE; AND
C. DIRECT THAT THE CHIEF ADMINISTRATIVE OFFICER'S
MARCH 6, 1993 LETTER TO THE BOARD, ALONG WZTH ITS
ENCLOSURES, BE FORWARDED TO THE PLANNING COMMISSION
FOR THEIR CONSIDERATION IN EVALUATING PROCEDURES
FOR FUTURE MEETINGS. (805)
Page 104
March 23, 1993
93-99 MOTION: I MOVE TO (A) FIND THAT NO FURTHER ACTION OF
THE BOARD OF SUPERVISORS IS NECESSARY AS TO
THE REQUEST FOR RECONSIDERATION OF THE BOARD~S
DENIAL OF THE METZGER REZONE APPLICATION
PURSUANT TO THE ANALYSIS INCLUDED WITHIN
COUNTY COUNSEL'S FEBRUARY 26, 1993 MEMORANDUM;
(B) FIND THAT THERE IS NO REQUIREMENT FOR ANY
REFUND BEYOND THE $100 DEPOSIT FOR PUBLICATION
OF A REZONE ORDINANCE; AND (C) DIRECT THAT
THE CHIEF ADMINISTRATIVE OFFICER'S MARCH 6,
1993 LETTER TO THE BOARD, ALONG WITH ITS
ENCLOSURES, BE FORWARDED TO THE PLANNING
COMMISSION FOR THEIR CONSIDERATION IN
EVALUATING PROCEDURES FOR FUTURE MEETINGS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-100 Richardson Springs Waste Water Project, Small Community
Grant No. 250 - an aqreement for qrant administration has
been prepared with the Community Housing Improvement
Program (CHIP) to administer the Small Community Grant
No. 250 from the State Water Resources Control Board.
The grant is for the desiqn phase of the project - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (1145)
MOTZON: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Richardson Sprinqs Waste Water Improvement Project
Phase 2- supplement aqreement no. 1 to aqreement for
engineering services - an agreement for engineering
services with Charpier, Martin and Associates (CMA) was
approved on April 2, 1991 to provide enqineerinq services
for the Richardson Sprinqs Waste Water Improvement
Project, Small Community Grant No. 250. Phase 1 of the
project was for facilities planninq. Phase 2 is the
design phase. The grant for the desiqn phase has been
approved by the State Water Resources Control Board -
action requested - APPROVE SUPPLEMENT AGREEMENT N0. 1 AND
AUTHORIZE THE CHAIR TO SIGN. (1145)
MOTION: I MOVE TO APPROVE THE SUPPLEMENT TO AGREEMENT
NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
I~I S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Paqe 105
March 23, 1993
~--
RECE5S: 9:53 A.M.
RECONVENE: 10:05 A.M. (SUPERVISOR McLAUGHLIN NOT
PRESENT)
Public Hearinqs and Timed Items
93-101 Public hearing - Butte County Board of Supervisors -
consideration of South Butte County Municipal Courthouse
expansion project (proposed negative declaration with
mitigation measures), property located adjacent to
Superior Court, No. 1 County Center Drive, AP 31-04-20,
Oroville. (1482)
(SUPERVISOR MCLAUGHLIN PRESENT)
MOTION: I MOVE TO A. FIND THAT 1. AN INTTIAL STUDY
WAS COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.; AND 2.
SAID STUDY AND COMr~NTS RECEIVED THEREON
IDENTIFIED POTENTIAL SIGNIFICANT ENVIRONMENTAL
EFFECTS THAT THE PROJECT MAY HAVE, BUT: (A)
PROVISIONS IN THE PROJECT PLANS OR PROPOSAIS
RECOMMENDED TO THE BOARD OF SUPERVISORS WOULD
AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO
A POINT WHERE NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR.; AND (B) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT
THE PROJECT MAY HAVE A SIGNIFICANT EFFECT ON
THE ENVIRONMENT. B. ADOPT A NEGATIVE
DECLARATION WITH THE FOLIAWING MITIGATION
MEASURES: 1. A DETAILED GEOTECHNICAL DESIGN
REPORT SHALL BE PREPARED PRIOR TO THE START OF
CONSTRUCTION.; 2. FOR TEMPORARY EROSION
CONTROL, IF THE PROJECT SITE IS GRADED PRIOR
TO WINTER RAINS, THE SITE SHALL BE
HYDROSEEDED, BORDERED WITH HAY BALES AT DOWN-
SLOPE LOCATIONS, AND SECURED BY A CONSTRUCTION
SEDIMENT BASIN AND OTHER TEMPORARY EROSION
CONTROL FEATURES A5 NEEDED FROM OCTOBER 1 AND
THROUGH MAY 1.; 3. FOR PERMANENT EROSION
CONTROL, UNCOVERED AREAS OF THE SITE SHALL BE
HYDROSEEDED OR FULLY LANDSCAPED TO EN5URE 100
PERCENT COVERAGE AFTER CONSTRUCTION IS
COMPLETED. RUN-OFF FROM IMPERVIOUS 5URFACES
SHALL BE DIRECTED NORTH TO THE EXISTING SWALE
AND INTO THE THERMALITO POWER CANAL OR TO THE
EXISTING STORM DRAIN SYSTEM TO THE SOUTH.;
Paqe 106
March 23, 1993
93-101 4. INSTALI~ATION OF A BICYCLE STORAGE AREA.;
5. POSTING OF MNO IDLING" RESTRICTIONS AT
RECEIVING DOCKS.; 6. A U.S. ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT SHALL BE ACQUIRED
PRIOR TO ANY DISTURBANCE OF THE DRAINAGE
SWALE. (NOTE THAT A NATIONWIDE PERMIT NUMBER
26, REFERENCE NUMBER 199300051, HAS BEEN
RECEIVED BY BUTTE COUNTY, SUBJECT TO APPROVAL
BY THE STATE WATER QUALZTY CONTROL BOARD.);
7. THE TEMPORARY CONSTRUCTION SEDIMENT BASIN
SHALL BE CLEANED AFTER CONSTRUCTION IF ANY
HAZARDOUS MATERIAIS REACH THE SITE.; 8. THE
COUNTY SHALL CONSIDER PAYMENT OF THE
APPROPRIATE DEVELOPMENT FEE AS DETERMINED BY
THE OROVILLE/NORTH THE12M1~-LITO AREA CIRCULATION
STUDY AND CAPITAL IMPROVEMENT PLAN AS
ESTABLISHED IN ARTICLE V OF CHAPTER 10 OF THE
BUTTE COUNTY CODE, COMI~NCING WITH SECTION 10-
50, OR SHALL CONSIDER INSTALI~ATZON OF PUBLIC
IMPROVEMENTS AS MAY BE NEEDED.; 9. THE COUNTY
SHALL CONSTRUCT 140 PARKZNG SPACES AS WELL AS
REPLACEMENT OF ANY LOST DURING CONSTRUCTION.;
10. PROVIDE ADEQUATE PUBLIC PARKING (SIiORT
TERM) NEAR THE SUPERIOR COURT, MUNICIPAL COURT
AND COUNTY ADMINISTRATION BUILDING, WITH
EMPLOYEE PARKING (LONG TERM) BEING IN THE
OVERFLOW IATS.; 11. PROVIDE SIGNING TO THE
VARIOUS BUILDINGS AND PARKING FACILITIES.; AND
12. IF ANY ARCHAEOLOGICAL FEAT[JRES ARE
UNCOVERED DURING SITE DISTURBANCE, WORK SHALL
STOP AND A QUALIFIED ARCHAEOIAGIST CONSULTED
AND RECOIrII~ENDATIONS ADHERED TO. C. RECOMIr~END
THAT THE BOARD NOT ADOPT THE FOLI,OWING
MITIGATION MEASURES WHICH WERE RECOI+~IENDED FOR
LESS THAN SZGNIFICANT IMPACTS WITH THE
FOLIAWING FINDINGS: l. FIND THAT THERE WILL
BE A CUMULATIVE IMPACT TO NOISE IN THE COUNTY
CENTER AREA BUT THIS PROJECT'S IMPACT IS
CONSIDERED LESS THAN SIGNIFICANT.; 2. FIND
THAT THE INSTALLATION OF EMPLOYEE SHOWERS AND
LOCKERS IS CONTRARY TO THE SECURITY OF THE
COURTHOUSE, TIiERE IS NO EVIDENCE THAT SUCH
FACILITIES WOULD ACTUALLY CAUSE OR ENCOURAGE
THE USE OF ALTERNATE MODES OF TRANSPORTATION
AND THEREBY REDUCE AIR POLI~TTION FROM MOTOR
VEHICLES, AND THERE IS NO NEXUS FOR REQUIRING
THESE FACILITIES FOR THE 13 ANTICZPATED
EMPIAYEES.; 3. FIND THAT A TRIP REDUCTION
ORDINANCE HAS NOT BEEN PREPARED FOR BUTTE
COUNTY AND AN ESTIMATED TIME FOR COMPLETION IS
Paqe 107
March 23, 1993
93-101 NOT AVAILABLE. WHEN A TRIP REDUCTION
ORDINANCE IS COMPLETED AND ADOPTED BY THE
BOARD OF SUPERVISORS ALL COUNTY DEPARTMENTS
WILL BE REQUIRED TO COMPLY.; 4. FIND THAT
PLANTING 50$ MORE TREES THAN THE LOCAL
ORDINANCE REQUIRES MAY NOT BE FEASIBLE AS
SECURITY MEASURES ARE OF PRIME IMPORTANCE.;
5. FIND THAT THE SCHEDULING OF JURY SELECTION
FOR AFTERNOON SESSIONS IS NOT WITHIN THE
JURISDICTION OF THE BOARD OF SUPERVISORS BUT
WITHIN THE JURISDICTION OF THE COURT WHICH
OPERATES UNDER STATE LAW.; AND 6. FIND THAT
PROVIDING FLEXIBLE OR ALTERNATIVE WORK HOURS
FOR EMPLOYEES LOCATED AT THIS FACILZTY IS NOT
WITHIN THE JURISDICTION OF THE BOARD OF
SUPERVISORS. COUNTY PERSONNEL RULES ALREADY
ALLOW FOR FLEXIBLE HOURS. IN THIS INSTANCE,
FLEXZBLE OR ALTERNATIVE WORK HOURS IS UNDER
THE JURISDICTION OF THE COURT WHICH OPERATES
UNDER STATE LAW.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-102 Continued hearinq - Robert Banes - consideration of an
appeal of the City of Oroville Planninq Commission's
action conditionally approvinq a use permit in the
Oroville Enterprise Zone (proposed negative declaration)
to allow the construction and operation of a service
station/mini mart on property zoned M-2 (industrial),
property located on the north side of Ophir Road
between Highway 70 and Feather River Boulevard, AP 036-
520-052, Oroville area. (PUBLIC HEARING OPENED AND
CONTINUED OPEN TO MAY 11, 1993 AT 10:00 A.M.)
Reqular Aqenda
93-103 Report of the Citizens' Committee on an Interim Land
Use Plan - action requested - THE CONIIrIITTEE REQUESTS
BOARD ADOPTION OF RESOLUTION ESTABLISHING
INTERGOVERNMENTAL NOTIFICATION. (1954) (**00)
MOTION: I MOVE TO REFER THIS BACK TO THE COMMITTEE
SPECIFICALLY TO DISCUSS AND CONSIDER THE
POINTS AND ISSUES RAISED IN THE CHIEF
ADMINISTRATIVE OFFICER'S MARCH 17, 1993
MEMORANDUM TO THE BOARD OF SUPERVISORS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 108
March 23, 1993
93-104 Public hearing - Heritaqe Partners on behalf of David and
Ruth Manthei - consideration of a rezone (proposed
negative declaration with mitiqation measures reqardinq
environmental impacts) from FR-5 (foothill recreational -
five acre parcels) to PUD (planned unit development), to
include a 16 unit residential subdivision, property
located on the east side of Cohasset Road, approximately
1/4 mile north of Richardson Springs Road, AP 047-230-059
and 060, Chico area. (460)
MOTION: I MOVE TO ACCEPT THE RECOIrII~+IENDATIONS OF STAFF
MEMORANDUM DATED JANUARY 11, 1993; AND
A. FIND THAT: l. AN INITIAL STUDY WAS
COMPLETED IN COMPLIANCE WIT~i THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.; 2. SAID STUDY AND
CONII~IENTS RECEIVED THEREON IDENTIFIED POTENTIAL
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE
PROJECT MAY HAVE HAD, BUT: (A) PROVISIONS IN
THE PROJECT PLANS OR PROPOSALS MADE BY OR
AGREED TO BY THE APPLICANT WOULD AVOID SUCH
EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT
WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR.; AND (B) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT
THE PROJECT AS REVISED MAY HAVE SIGNIFICANT
EFFECT ON THE ENVIRONMENT.; 3. THE PROPOSED
NEGATIVE DECLARATION WITH MITIGATION MEASURES
HAS BEEN COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.; AND
4. FIND THAT THE REZONE CONFORMS TO THE
POLICIES, INCLUDING THE TEXT AND IrIAP OF THE
BUTTE COUNTY GENERAL PLAN, BECAUSE THE
PROPOSED DENSITY IN CONFORMANCE WZTH CURRENT
ZONING OF THE AREA. B. ADOPT A NEGATIVE
DECLARATZON WITH MITIGATION MEASURES AND
ORDINANCE 3055 REZONING TO PUD, THAT PROPERTY
IDENTIFIED AS AP NO. 047-230-059 & 060
(MANTHEI). C. APPROVE A VESTING TENTATIVE
SUBDIVISION MAP ON PROPERTY IDENTIFIED AS
AP NO. 047-230-059 & 060 (MANTHEI), SUBJECT TO
THE FOLIAWING CONDITIONS AND MITIGATION
MEASURES: 1. RETAIN THE EXISTING ROCK WALL.
ONE SECTION, NO WIDER THAN 60~, MAY BE REMOVED
TO ACCOMMODATE THE PROPOSED ACCESS ROAD. IF
ENTRY MONUMENTATION TO THE SUBDIVISION IS
INSTALLED IT SHALL BE AESTHETICALLY COMPATIBLE
WITH THE ROCK WALL AND UTILIZE THE SAME OR
SIMILAR MATERIAIS.; AND 2. THE FOLLOWING
MITIGATION MEASURE FOR OAR TREES SHALL BE
INCORPORATED INTO THE PROJECT AND SHALL BE
INCLUDED AS CC&R~S: (A) INDIVIDUAL TREES OR
Paqe 109
March 23, 1993
March 23. 1993
93-104 GROUPS OF TREES THAT ARE RETAINED AS A
FUNCTION OF PROJECT DESIGN SHOULD BE FULLY
PROTECTED TO THE EXTENT POSSIBLE BOTH DURING
AND AFTER CONSTRUCTION. IN ORDER TO PROTECT
THE ROOT ZONE DURING CONSTRUCTION A ROOT
PROTECTION ZONE (RPZ) SHOULD BE ESTABLISHED
USING STAI~S AND FLAGGING MATERIAL. THE RPZ
SHOULD BE AN AREA THAT IS 1.5 TIMES THE
DISTANCE FROM THE TRUNR TO THE DRIP LINE.
WITHIN THIS PROTECTIVE BUFFER, NO GRADING,
TRENCHING, FILL, OR VEGETATION ALTERATION OF
ANY KIND SHOULD BE ALLOWED.; (B) INDIVIDUAL
TREES THAT ARE UNAVOIDABLY LOST DUE TO PROJECT
IMPLEMENTATION SHOULD BE REPLACED BY PLANTING
OAK SEEDS (ACORNS) OR SEEDLINGS THAT ARE
OBTAINED FROM THE LOCAL GENETIC STOCK OF THE
SAME SPECIES. A REPLP,CEMENT RATE OF 5:1
SHALL BE USED FOR TREES THAT ARE TWO INCHES OR
GREATER IN DIAMETER MEASURED AT BREAST HEIGHT
(DBH). A REPLACEMENT RATE OF l:l SHALL BE
USED FOR ALL TREES LESS THAN TWO INCHES DBH.
EVERY EFFORT SHOULD BE MADE TO RETAIN LARGE
OAKS. OAK PLANTINGS SHALL BE MAINTAINED FOR A
PERIOD OF FIVE YEARS.; AND (C) A FIVE-YEAR
MAINTENANCE AND MONITORING PLAN SHALL BE
COMPLETED FOR ALL OAK MITIGATION PLANTINGS.
TIiE MONITORING PLAN SHOULD INCLUDE APPROPRIATE
IRRIGATION SCHEDULES, AS WELL AS CRITERIA FOR
SUCCESS AND REESTABLISFIIKENT DURING TI~E FIVE-
YEAR PERIOD. ANY TREES PLANTED AS REMEDIAL
ACTION FOR FAILURE OF INITIAL PLANTING SHALL
BE MONITORED FOR FIVE YEARS IN A SIMILAR
FASHION TO THE INITIAL PLANTING. THE GOAL IS
TO ACHIEVE AN 80 PERCENT SUCCESS RATE AT THE
END OF THE FIVE-YEAR MONITORING PERIOD.
HOMEOWNERS SHALL BE RESPONSIBLE FOR RE-
PLANTING AND MAINTAINING OAKS REMOVED FROM
THEIR LOTS TO ACCOMMODATE IMPROVEMENTS.;
3. FOLIAWING PROJECT CONSTRUCTION, A FACT
SHEET DESCRIBING THE VALUE AND CARE OF NATIVE
OAKS SHALL BE DISTRIBUTED TO ALL RESIDENTS.
AT A MINIMUM, THIS FACT SHEET SHOULD ENCOURAGE
HOMEOWNERS TO AVOID UNNECESSARY PRUNING,
EDUCATE THEM ON THE WATER NEEDS OF OAK TEES,
AND ENCOURAGE, EXCEPT WHERE A SAFETY HAZARD,
THE RETENTION OF SNAGS AND DOWNED TREES. THIS
FACT SHEET SHALL AISO BE REFERENCED IN THE
CC&R'S.; 4. PLACE A NOTE ON THE FINAL MAP
STATING THAT DEER MITIGATZON FEES ARE TO BE
PAID AT THE TIME OF OBTAINING BUILDING PERMITS
IF SUCH FEES HAVE BEEN ADOPTED BY THE BUTTE
COUNTY BOARD OF SUPERVISORS.; 5. THE
HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE
Paqe 110 March 23, 1993
~
93-104 FOR TIiE MAINTENANCE OF ALL COMMON AREA, ROADS,
WASTE WATER TREATMENT FACILITIES, DOMESTIC
WATER AND FIRE FLOW SYSTEMS AND STREET
LIGHTING. THESE MAINTENANCE REQUIREMENTS
SHALL BE INCLUDED IN THE HOMEOWNERS
ASSOCIATION CHARTER. A CSA SHALL AISO BE
FORMED TO ACT AS AN UMBRELI~A ENTITY TO INSURE
THAT THE HOMEOWNERS ASSOCIATION CARRIES OUT
IT'S DUTIES AND TO TAKE OVER THOSE DUTIES IN
THE EVENT THAT THEY ARE NOT BEING PERFORMED
ADEQUATELY. AS LONG AS THE HOMEOWNERS
ASSOCIATION IS ADEQUATELY MAINTAINING THE
FACILITIES, THE CSA MAY ONLY ASSESS FEES TO
COVER THE COST OF REVIEWING THE MAINTENANCE
DOCUMENTATION.; 6. INCLUDE A PROVISION IN THE
CC&R'S THAT LIMITS THE AMOUNT OF IRRIGATED
LANDSCAPED AREA TO 5,000 SQUARE FEET PER
PARCEL. HARDSCAPE SUCH AS SWIMMING POOLS.
DECKS, AND PATIOS SHALL NOT BE COUNTED AS
LANDSCAPED AREA.; 7. PROVIDE FOR PERIODIC
MAINTENANCE OF THE WASTE WATER STORAGE POND TO
REMOVE EMERGENT VEGETATION GROWTH ALONG THE
EDGE TO HELP PREVENT THE REPRODUCTION OF
MOSQUITOES. FILL IN ALL PERCOLATION TEST
PITS. MAINTAIN ALL DRAINAGE DITCHES TO KEEP
STANDING WATER FROM FORMING AND TO CLEAN OUT
WEED GROWTH.; 8. THE DRAINAGE SYSTEM FOR
STORM WATER RUNOFF SHALL BE DESIGNED TO AS NOT
TO INCREASE THE PEAK RUNOFF FLOW OFF THE SITE.
EROSION CONTROL MEASURES SHALL BE INCORPORATED
IN ALL DITCHES WHERE STORM WATER RUNOFF IS
CONCENTRATED AND WHERE SCOURING OR EROSION
OCCURS. TFiE PLAN SHALL BE APPROVED BY THE
BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS.;
9. STORM WATER RUNOFF SHALL NOT BE FED
DIRECTLY INTO ANY VERNAL POOLS ON SITE.;
10. RECORD AN AVIATION EASEMENT FOR THE
PROPERTY WITH THE CITY OF CHICO.; AND
11. PROVIDE SECURE FENCING AROUND THE
PERIMETER OF THE WASTE WATER POND TO
DISCOURAGE UNAUTHORIZED ENTRY. THE FENCE
SHALL BE AT LEAST 6' HIGH. PUBLIC WORKS
CONDITIONS: 12. SOBMIT ROAD AND DRAINAGE
PLANS TO THE DEPARTMENT OF PUBLIC WORKS FOR
APPROVAL AND INSTALL THE REQUIRED FACILITIES.;
13. PROVIDE 20 FEET RADIUS PROPERTY LINE
RETURNS AT ALL STREET INTERSECTIONS.;
14. INDICATE A 55 FT. BUILDING SETBACK LINE
FROM THE CENTERLINE OF COHASSET ROAD.;
15. STREET SIGNS SHALL BE PROVIDED BY THE
DEVELOPER AT ALL STREET INTERSECTIONS PER
COUNTY REQUIREMENTS. (SUBMIT 5 ALTERNATE
NAMES FOR EACH STREET TO TIiE COUNTY ADDRESS
Paqe 111
March 23, 1993
93-104 COORDINATOR FOR APPROVAL OF STREET NAMES.);
16. CONSTRUCT FULL STREET SECTION ON INTERIOR
STREET TO SECTION SHOWN ON TENTATIVE MAP.
RECOI~II~IEND 24 FT. MINIMUM PAVED WIDTH. ;
17. PROVIDE MONUMENTATION AS REQUIRED BY THE
DEPARTMENT OF PUBLIC WORKS IN ACCORDANCE
WITH ACCEPTED STANDARDS.; 18. PROVIDE
PERMANENT SOLUTION FOR DRAINAGE.; 19. ALL
EASEMENTS OF RECORD TO BE SHOWN ON THE FINAL
MAP.; 20. MEET REQUIREMENTS OF THE BUTTE
COUNTY FIRE DEPARTMENT OR OTHER RESPONSIBLE
AGENCY.; 21. STREET LIGHTING SHALL BE
PROVIDED IN ACCORDANCE WITH BUTTE COUNTY
REQUIREMENTS, ACCEPTED DESIGN CRITERIA, AND
RECONII~SENDATIONS OF PG&E.; 22. CONSTRUCT A
STANDARD LEFT TURN LANE AT THE INTERSECTION OF
ACCESS ROAD AND COHASSET ROAD.; 23. CONSTRUCT
STANDARD S-18 PUBLIC ROAD APPROACH AT THE
INTERSECTION OF COHASSET ROAD AND ACCESS
ROAD.; 24. PROVIDE 1 FT. NO ACCESS STRIP ON
COHASSET ROAD FRONTAGE WITH OPENING AT ACCESS
ROAD.; 25. MEET THE REQUIREMENTS OF THE
UTILITY COMPANIES (I.E., PG&E, PACIFIC
TELEPHONE, WATER, SEWER.); 26. PAY ANY
DELINQUENT TAXES OR CURRENT TAXES AS
REQUIRED.; AND 27. DEVELOPER SHALL PROVIDE
ALL REQUIRED TRAFFIC SAFETY SIGNS, INCLUDING
STOP SIGNS. ENVIRONMENTAL HEALTH
CONDITIONS: 28. PROVIDE COMMUNITY SEWAGE
COLLECTION, TREATMENT AND DISPOSAL FACILITIES
IN COMPLIANCE WITH CALIFORNIA STATE REGIONAL
WATER QUALITY CONTROL BOARD, CODE OF BUTTE
COUNTY, CALIFORNIA HEALTH AND SAFETY CODE, AND
OTHER APPLICABLE CODES AND REGULATIONS
GOVERNING THE DESIGN, CONSTRUCTION AND
OPERATION OF THE FACILZTIES.; 29. PROVIDE
VERIFICATION OF FINAL WASTE WATER PLAN
APPROVAL BY THE REGIONAL WATER QUALITY CONTROL
BOARD PRIOR TO CONSTRUCTION OF SITE
IMPROVEMENTS.; 30. PROVIDE A LEGAL
(GOVERNMENT} ENTITY ADEQUATE TO INSURE THE
OPERATION, MAINTENANCE OR REPAIR OF THE SEWAGE
COLLECTION, TREATMENT AND DISPOSAL FACILITZES
AND INCLUDE THIS REQUIREMENT IN THE HOMEOWNERS
ASSOCIATION CHARTER. AS A MINIMUM CREATION OF
THE ENTITY SHALL: A. INSURE FINANCING OF
OPERATION, REPAIR AND MAINTENANCE.;
B. PROVIDE QUALIFIED INDIVIDUALS AND
OPERATIONAL PROCEDURES FOR FACILITY
OPERATIONAL, REPAIR AND MAINTENANCE.;
C. PROVIDE ADEQUATE RESOURCES TO COMPLY WITH
ALL MONITORING AND OTHER REGIONAL WATER
QUALITY CONTROL BOARD WASTE DISCHARGE
REQUIREMENTS.; D. PROVIDE ADEQUATE RESOURCES
Page 112 March 23, 1992
93-104 FOR FACILITY INSPECTIONS AND REPORTS FOR A
COUNTY SERVICE AREA OR OTHER MAINTENANCE
ENTITY.; E. PROVIDE ADEQUATE RESOURCES
AND/OR MECHANISM TO INSURE ADEQUATE FUNDING OF
A MAJOR SEWAGE TREATMENT AND DISPOSAL FACILITY
REPLACEMENT OR RECONSTRUCTION IF NECESSARY.;
AND F. IF A COUNTY SERVICE AREA IS UTILIZED,
PROVIDE A LIABILITY RISK ASSESSMENT FOR REVIEW
BY THE COUNTY OF BUTTE. INDEMNIFY THE COUNTY
OF BUTTE AND COUNTY SERVICE AREA FOR CLAIMS
THAT MAY OCCUR RELATIVE TO THE SEWAGE DISPOSAL
FACILITIES. 31. MEET MOSQUITO ABATEMENT
REQUIREMENTS FOR CONTROL OF MOSQUITOS AND
NUISANCE INSECTS IN THE WASTE WATER PONDS.;
32. COMPLY WITH ALL SEWAGE DISPOSAL FACILZTY
CONSTRUCTION STANDARD AND HEALTH AND SAFETY
REQUIREMENTS OF THE CODE OF BUTTE COUNTY,
CALIFORNIA STATE, AND FEDERAL LAW.;
33. PROVIDE ADEQUATE QUANTITIES OF DOMESTIC
WATER FOR EACH PARCEL BY PROVISION OF A
COMMUNITY WATER SUPPLY IN COMPLIANCE WITH THE
CALIFORNIA STATE SAFE DRINKING WATER ACT OR BY
THE PROVISION OF AN APPROVED INDIVIDUAL WELL
SITE AREA FOR EACH PARCEL.; 34. INCLUDE A
UNIFORM FENCING POLICY IN THE CCR'S, I.E.,
RUSTIC FENCES THAT BLEND IN WITH THE
ENVIRONMENT.; 35. USE BUILDING COIARS THAT
BLEND IN WITH SURROUNDING ENVIRONMENT, SUCH AS
EARTH TONES THAT DO NOT AFFECT TFiE VIEW SHED. ;
AND 36. MINOR CI~iANGES MAY BE APPROVED
ADMINISTRATIVELY BY THE DIRECTORS OF
ENVZRONMENTAL HEALTH, PLANNING OR PUBLIC WORKS
UPON RECEIPT OF A SUBSTANTIATED WRITTEN
REQUEST BY THE APPLICANT AND ONLY TO THOSE
CONDITIONS OR REQUIREMENTS RECOMr~NDED BY
THEIR RESPECTIVE DEPARTMENTS. PRIOR TO SUCH
APPROVAL, VERIFICATZON SHALL BE MADE BY EACH
DEPARTMENT OR DIVISION THAT THE MODIFZCATION
IS CONSISTENT WITH THE APPLICATION, FEES PAID
AND ENVIRONMENTAL DETERMINATION AS
CONDITIONALLY APPROVED. CHANGES DEEMED TO BE
MA.70R OR SIGNIFICANT IN NATURE BY THE
RESPECTIVE/AFFECTED DEPARTMENT HEAD SHALL
REQUIRE THE APPLICANT TO SUBMIT AN AMENDMENT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 113
March 23, 1993
~, ^
93-105 Public hearing - Charles A. and Marilyn E. Lynds -
consideration of a rezone of approximately 2.35 acres
(proposed negative declaration reqarding environmental
impacts) from "U" (unclassified) to TM-1 (timber
mountain - one acre parcels) , property located on the
west side of New York Flat Road, approximately 600 feet
south of the Forbestown Road intersection, AP 073-180-164
and 165, Forbestown area. (1129)
MOTION: I MOVE TO ACCEPT THE RECOZ~iENDATION OF STAFF
MEMORANDUM DATED DECEMBER 29, 1992; AND
A. FIND THAT 1. THE REQUIREMENTS OF CEQA
HAVE BEEN COMPLETED AND CONSIDERED IN MAKING
THIS DECISION AND ADOPT A NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS; AND 2. THE
REZONE CONFORMS TO THE POLICIES, INCLUDING THE
TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN,
BECAUSE IT IS A REASONABLE REQUEST FOR THE
IHII~IEDIATE AREA ADJACENT TO THE PARCEIS ; AND
B. ADOPT ORDINANCE 3056 REZONING TO TM-1 THAT
PROPERTY IDENTIFIED AS AP 073-180-164, 165 (C.
A. & M. E. LYNDS).
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-106 Public hearinq - 1993 Community Development Block Grant
(CDBG) application - consideration of a qrant application
in the amount of $500, 000 to the California Department of
Housing and Community Development for funding under the
cDBG Program for the year 1993 to provide fundinq for
housing rehabilitation projects in Butte County - action
requested - ADOPT RESOLUTION APPROVING THE APPLICATION
AND AUTHORIZE THE CHAIR TO SIGN. (1260)
MOTION: I MOVE TO ADOPT RESOLUTION 93-35 APPROVING THE
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-107 Public hearing - consideration of an application for a
$30,000 Community Development Block Grant
Planning/Technical Assistance Grant - action requested:
(1) APPROVE AMENDMENT OF THE EXISTING $29,100 STATE
GRANT TO EXPAND THE SCOPE OF THE PRELIMINARY
ENGINEERING AND FINANCING ASSESSMENT AND DELETZNG
THE MARKETING COMPONENT OF THE PROJECT; AND
(2) ADOPT A RESOLUTION APPROVING SUBMITTAL OF AN
APPLICATION FOR A PLANNING/TECHNICAL ASSISTANCE
ALIACATION OF THE STATE CDBG PROGRAM, COMMITTING A
THREE PERCENT MATCH TO THE PROJECT AS FUNDED BY THE
BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION, AND
AUTHORIZE THE CHAIR TO SIGN. (1860)
Page 114 March 23, 1993
93-107 MOTION: I MOVE TO (1) APPROVE AMENDMENT OF THE
EXISTING $29,100 STATE GRANT TO EXPAND THE
SCOPE OF THE PRELIMINARY ENGINEERING AND
FINANCING ASSESSMENT AND DELETING THE
MARKETING COMPONENT OF THE PROJECT; AND
(2) ADOPT RESOLUTION 93-36 APPROVING
SUBMITTAL OF AN APPLICATION FOR A
PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF
THE STATE CDBG PROGRAM, COMMITTING A THREE
PERCENT MATCH TO THE PROJECT AS FUNDED BY THE
BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION,
AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-108 Items removed from the Consent Agenda for Board
consideration and action.
1. Right of way acquisition - Midway Bicycle Pathway
between Chico and Durham, Project No. 88-2-04003 -
notice of intention to adopt resolution of
necessity to acquire certain real property or
interest in real property by eminent domain (Code
of Civil Procedures Section 1245.235):
Assessor's
Parcel No. owner Parcel No.
3 Henneman Farms, Znc. 40-05-35
6 Alba B. Houseman 40-02-128
action requested - AUTHORIZE ISSUANCE OF NOTICE OF
INTENTION TO ADOPT RESOLUTION OF NECESSITY TO
ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL
PROPERTY BY EMINENT DOMAIN (CODE OF CIVIL
PROCEDURES SECTION 1245.235), AUTHORIZE CHAIR TO
SIGN NOTICE OF INTENTION AND SET A PUBLIC HEARING
ON APRIL 27, 1993 AT 10:30 A.M. (2019)
MOTION: I MOVE TO AUTHORIZE ISSUANCE OF NOTICE OF
INTENTION TO ADOPT RESOLUTION OF NECESSITY TO
ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN
REAL PROPERTY BY EMINENT DOMAIN (CODE OF CIVIL
PROCEDURES SECTION 1245.235), AUTHORIZE CHAIR
TO SIGN NOTICE OF INTENTION AND SET A PUBLIC
HEARING ON APRIL 27, 1993 AT 10:30 A.M.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 115
March 23, 1993
March 23, 1993
93-108 2. Adoption of an ordinance establishing a speed limit
of 35 miles per hour on Lupin Avenue (Cohasset Road
to the Chico City limits), and 40 miles per hour on
Durham Dayton Highway (Stanford Lane to Lott
Road) - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (2247)
MOTION: I MOVE TO ADOPT ORDINANCE 3057 AMENDED TO
DELETE LUPIN AVENUE (COHASSET ROAD TO THE
CHICO CITY LIMITS) AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
(CHAIR HOUX NOT PRESENT; VICE CHAIR McLAUGHLIN PRESIDING)
3. Goldfarb & Lipman, attorneys at law - proposed is a
one year renewal of an agreement to retain attorney
services to help on issues regardinq the Chico
Redevelopment Agency. All work assignments are
approved and monitored by County Counsel's Office -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (2390)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried)
(CHAIR HOUX PRESENT)
93-109 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS I5 PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED ZF IT IS NOT
LISTED ON THE AGENDA.) (2880)
1. Otto Hansen, Oroville - interpretation by the
President, National Justice Foundation -
Mr. Schauffler, State Environmental Protection
Agency's use of the word "site" could mean any
place in the County that has contamination could
become a Kopper's Superfund site.
2. Louis Camenzind, Jr., Durham - Board of Supervisore
should be full-time supervisors with full-time pay.
Page 116
March 23, 1993
Communications
93-110 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Earl L. Lucas, Assistant Deputy State Controller,
State of California - notifies the Board that
pursuant to Government Code Section 68085, the
State Controller's Office hereby approves the
County's request to increase the amount allocated
to the Alternate Dispute Resolution Proqram from
superior and municipal court civil filinq fees from
$3 to $8. (REFER TO CHIEF ADMINISTRATIVE OFFICER,
AUDITOR-CONTROLLER, SUPERIOR AND MUNICIPAL COURTS)
b. Marc Nemanic, Executive Director, Tri-County
Economic Development Corporation - formally
requests County consideration of a$2,100 matching
contribution for the District's fiscal year 1993-94
planning grant application to the U.S. Department
of Commerce, Economic Development Administration.
(REFER TO CHIEF ADMINISTRATIVE OFFICER)
c. Greq Webb, Webb Homes - writes that he attended
the Board's meeting of February 23, 1993 and was
very upset at the conduct of some of the people
present there. The structure that he believes is
needed is to limit each speaker to 3-5 minutes at
the podium for each issue, unless there is a
consensus of the Board to allow the time to be
extended. He feels that this very simple change
will make meetinqs more democratic because it will
allow more views to be expressed. (REFER TO CHIEF
ADMINISTRATIVE OFFICER)
d. George M. Matthews, Chico - requests information
regarding the status of the construction of the
proposed bike path alonq the Midway between Chico
and Durham, and expresses his support of the
project. (REFER TO DIRECTOR-PUBLIC WORKS FOR
APPROPRIATE RESPONSE)
e. United States Department of the Interior -
forwards a Draft Environmental Impact Statement for
Implementation of the Reclamation Reform Act of
1982 in the Central Valley Project of California
~DEISy for review and comment. (REFER TO WATER
COMMISSION WITH ENCLOSURE)
Page 117
March 23, 1993
i-. ~
93-110 f. City of Chico, Community Development Department -
forwards notice of preparation of a Draft
Environmental Impact Report for the Greater Chico
Urban Area Redevelopment Project. Enclosed for
review is a copy of the project description and an
initial study completed for the project. Due to
the time limits mandated by state law, aqency
responses must be sent at the earliest possible
date but no later than 30 days after receipt of
this notice. A scoping meeting to discuss the
proposed project and receive comments concerning
possible environmental impacts is scheduled for
Friday, April 2, 1993, 3:00 p.m., Council Chambers,
ChiCO. (REFER TO ASSISTANT CHIEF ADMINISTRATIVE
OFFICER AND COUNTY COUNSEL)
g. Thomas B. Cook, Deputy Director, State Department
of Housing and Community Development - after review
of the County's Draft Housinq Element, the
Department submits their findings to the County
pursuant to Government Code Section 65585(b). Mr.
Cook states that the County~s housing element is
well written and responds to many of the identified
needs of the County. However, there are several
areas which require revisions to bring the element
into compliance with State housing law (Article
10.6 of the Government Code). (REFER TO CHIEF
ADMINISTRATIVE OFFICER AND DIRECTOR-DEVELOPMENT
SERVICES)
93-111 CLOSED SESSION: The Board recessed at 12:18 p.m. to
a closed session for the purpose of
potential litiqation pursuant to
Government Code Section 54956.9(c)
(Valley Toxicology Lab v. State of
California, and Burkes, Bell v.
Alameda County.)
RECONVENE: The Board reconvened at 12:53 p.m.
following a closed session for the
purpose of potential litigation pursuant
to Government Code Section 54956.9(c)
(Valley Toxicoloqy Lab v. State of
California, and Burkes, Bell v. Alameda
County.) (NO ANNOUNCEMENTS)
Paqe 118
March 23, 1993
ADJOURNMENT: There beinq no further business before
the Board, the meetinq was adjourned at
12:53 p.m. to reconvene on Tuesday,
April 13, 1993 at 9:00 a.m.
, 1
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MARY'.ANNE HOUX, Chair
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of he Board of Supervisors
By: '
Paqe 119
March 23, 1993