HomeMy WebLinkAboutM040291April 2 ,.___1991
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Campbell, Fulton, Mclnturf and
Chair Dolan present. Supervisor McLaughlin not present.
William H. Randolph, chief administrative officer; Neil
McCabe, assistant county counsel; and Carol Roach,
assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
Consent Agenda
91-134 1. Approval of minutes - action requested - APPROVE
MINUTES OF MARCH 19, 1991.
2. Budget transfers - action requested -APPROVE BUDGET
TRANSFERS B-11$ (PROBATION/VICTIM/WITNESS}, B-122
(HOUSING AND COMM(7NITY DEVELOPMENT), B-12b (NORTH
COUNTY MUNICIPAL COURT), B~-127 (MENTAL
HEALTH/ADMINISTRATION}, B-128 (PUBLIC HEALTH), B-
129 (PROBATION/VICTIM/WITNESS), B-130 (BUILDING
INSPECTION), B-131 {COUNTY COUNSEL), B-132 {FIRE
DEPARTMENT - VOLUNTEER), B-133 (PLANNING), B-134
{FIRE DEPARTMENT/VOLUNTEER), B-137 {MENTAL HEALTH),
AND B-138 (MENTAL HEALTH/ALCOHOL AND DRUG SERVICES.)
3. County library donations - in accordance with
Government Cade Section 25355, donations totaling
$840 have been received from Chico Friends of the
Library for the Butte County trust fund for the
purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTER OF APPRECIATION.
4. Appointment to Mental Health Advisory Board - action
requested - APPOINT JAMES THORP, PROFESSIONAL, TO
SERVE UNTIL DECEMBER, 1994.
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April 2, 1991
Apra ~ 1991
91-134 5. Resolution approving a conditional zoning agreement
subject to the mitigation measures adopted March 19,
1.991 for the Gary Amerine rezone - action
requested - ADOPT RESOLUTION 91--36 AND AUTHORIZE THE
CHAIR TO SIGN.
6. Final map - Amended Paradise Pines Commercial Park
Subdivision, lots 3 through 6 - because of the lack
of signatures of all trustees involved, the County
Recorder has rejected the map for recording - action
requested - PURSUANT TO CALIFORNIA STATE SUBDIVISION
MAP ACT SECTION 66466, RESCIND BOARD APPROVAL OF
THE FINAL MAP.
7. Jeffrey and Connie Fowler, Oroville - file a claim
in the amount of $1,650,000 as a result of alleged
damages and injuries sustained as a result of the
seizure of property by the Butte Interagency
Narcotics Task Force (BINTF) on or about April 17
and 18, 1989 - action requested - DENY APPLICATION
TO PRESENT LATE CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
8. Gregory Lee Bickmore, Starling City -files a claim
in the amount of $2,000,000 as a result of alleged
damages and injuries sustained as a result of an
incident involving the North County Municipal Court
on or about March 16, 1990 - action requested - DENY
APPLICATION TO PRESENT LATE CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGEMENT.
9. Acceptance of grant deed for real property commonly
known as 1.10 Condor Road, Oroville - the real
property was seized in an asset forfeiture action
pursuant to Health and Safety Code Section 11470,
et seq. - action requested - ADOPT RESOLUTION 91-
37, APPROVE CERTIFICATE OF ACCEPTANCE, AND AUTHORIZE
THE CHAIR TO SIGN.
10. Mental Health Department - Alcohol and Drug
Services - Board authorization is requested to
purchase three ISM compatible computers, associated
hardware, software, and three HP LaserJet III
printers in the maximum amount of $15,800. Budget
transfer B-138 has been prepared for the necessary
appropriation - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEMS.
11. Probation Department--the Board previously approved
the purchase of three hand held police radios for
use in the victim/witness program. To install
computer chips in the three radios increases the
fixed asset value from $800 each to approximately
$900 each. Budget transfer B-129 has been prepared
for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
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April 2, 1991
Apra _, 1991
91-134
12. Public Health Department - Board authorization is
requested to purchase three vehicles in the total
amount of $30,000, and one computer, printer and
software in the total amount of $4,000 from 100
percent State Proposition 99 (Tobacco Tax
Initiative) funds. Budget transfer B-128 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
13. Public Works Department - Board authorization is
requested for the purchase of a computer data base
program far County vehicle maintenance records and
smog certification program data management in the
estimated amount of $550 from existing fixed asset
funds - action requested - APPROVE PURCHASE OF FIXED
ASSET ITEM.
14. Award of bid - pickup truck - the Purchasing
Department received bids/quotes far a compact pickup
truck for the Welfare Department. The bids have
been evaluated and the lowest bid meeting
specifications is Hobbie Chevrolet, Oraville, for
a 1991 Chevrolet S10 in the amount of $11,320.80
plus tax - action requested - AWARD BID.
15. Sheriff-Coroner - Board authorization is requested
to purchase a hand held radio with four channels in
the approximate amount of $410 from existing funds
within the Jail fixed asset account - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
16. Welfare Department Administration - Board
authorization is requested for the purchase of a FAX
machine in the maximum amount of $2,800. The
department is requesting that $1,300 in savings on
fixed asset purchases be added to the $1,500
appropriation for a FAX machine as approved in the
1990/91 budget - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEM.
17. Welfare Department - Child Protective Services -
Board authorization is requested for the purchase
of a video monitoring system to assist social
workers in investigating cases of child abuse.
Information gathered will also assist the District
Attorney in his investigations. The estimated cost
of the system is $1,500 from existing fixed asset
funds - action requested - APPROVE PURCHASE OF FIXED
ASSET ITEMS.
18. 1990 Community Development Block Grant No. 90-STBG-
490 - an agreement for services has been prepared
with Connerly and Associates to administer the 1990
CDBG Program for housing rehabilitation in
Chapmantown and El Medio - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHATR TO SIGN.
Page 103
April 2, 1991
Apra 1991
91-134 19. Adoption of salary ordinance amendment - District
Attorney - proposed is a salary ordinance amendment
changing four typist clerk TI, I positions and three
typist clerk III, II positions to legal typist
clerk, typist clerk III retroactive to January 5,
1991 - action requested - ADOPT ORDINANCE 2921 AND
AUTHORIZE THE CHAIR TO SIGN.
20. Resolution in recognition of Steve Casey for service
to the Butte County Water Commission - action
requested - ADOPT RESOLUTION 91-38 AND AUTHORIZE THE
CHAIR TO SIGN.
21. California Fair Services Authority - proposed is
the third amended and restated joint exercise of
powers agreement for the California Fair Services
Authority. The amended agreement changes the
organization's name, powers and operating
procedures. The Butte County Fair Board is a member
of California Fair Services Authority for the
purposes of workers' compensation coverage - action
requested - ADOPT RESOLUTION 91-39 AND AUTHORIZE THE
CHAIR TO SIGN.
22. Memorandum of Understanding - the Board previously
approved membership in the CSAC-Excess Insurance
Authority Health Facilities Liability Program TI in
order to provide medical liability insurance far
the mental health program. The proposed Memorandum
of Understanding between the CSAC-Excess Insurance
Authority and medical malpractice member counties
establishes authorities, policies and procedures for
operating this newly created medical liability
insurance program - action requested - APPROVE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR
TO SIGN.
23. Work Training Center - proposed is an agreement
effective July 1, 1990 through June 30, 1991 for
administration of the 1989/90 Department of Housing
and Community Development Planning and Technical
Assistance Grant (90-EDBG 105). Budget transfer B-
122 has been prepared for the necessary
appropriation - action requested --APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND AUDITOR-CONTROLLER.
24. 1991/1992 Child Abuser Vertical Prosecution Program
(CAVP) grant application - a resolution has been
prepared which is needed for incorporation in a
grant application being prepared by the District
Attorney's Office for submittal to the State Office
of Criminal Justice Planning - action requested -
ADOPT RESOLUTION 91-40 AND AUTHORIZE THE CHAIR TO
SIGN.
Page 104
April 2, 1991
A13ri ~.. 1991 _~
91--134 25. Oroville Hospital - proposed is an agreement for the
provision of 24 hour emergency room services to
provide a history and physical examination of
patients admitted to the inpatient facility within
24 hours after admission on behalf of the Mental
Health Department for the period July 1, 1990
through June 30, 1991 in the maximum amount of
$25,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
26. Negotiated Net Amount (NNA) contract - proposed is
the 1990/91 NNA contract with the State Department
of Alcohol and Drug Services for local
services/funding. The contract identifies state and
federal funds currently reflected in the County
Alcohol and Drug Services budgets ($1,396,968).
Also proposed is an amendment to the 1989/90
contract which provides {SB 1528) for the carryover
of funds in 1990/91 - action requested - APPROVE
CONTRACT, CONTRACT AMENDMENT, AND AUTHORIZE THE
CHAIR TO SIGN.
27. 1990/91 Master Grant agreement - the proposed
amendment increases the 1990/91 fiscal year amount
payable to the County for AIDS related services by
$7,957 - action requested - APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND AUDITOR-CONTROLLER.
28. California State University, Chico - proposed is
an agreement effective July 1, 1991 through
June 30, 1994 for the provision of nursing
experience through the County Public Health
Department to selected CSUC students - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
29. State Department of Health Services - Tobacco
Education Program - the proposed contract amendment
incorporates a revised budget into the contract, and
makes a total of $437,857 available to the County
during the period January 1, 1991 through
December 31, 1992 - action requested - APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
30. Capital outlay agreement - Enloe Hospital - in
accordance with the Capital Outlay Plan previously
approved by the Board, the proposed agreement makes
$228,437 in tobacco tax initiative funds available
for the remodeling of the Enloe Hospital emergency
room - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 105
April 2, 1991
~~- 1991
91-134
31. Teresa Wood-Hansen - proposed is an agreement to
provide physical therapist services to children
qualifying under the California Children Services
Program. The agreement is for the 1990/91 fiscal
year, and in the maximum amount of $6,500 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
32. Richardson Springs Wastewater Project, Small
Community Grant No. 250 - an agreement for grant
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 for the planning phase
of the project - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
33. Richardson Springs Wastewater Improvement Project -
an agreement for engineering services with Charpier,
Martin and Associates (CMA) has been prepared to
provide engineering services for facilities planning
(phase 1) for the Richardson Springs Wastewater
Improvement Project, Small Community Grant No. 250 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
34. Master Agreement No. SLTPP-5912, program supplement
no. 002 - reimbursement of funds for qualified
projects under the State-Local Transportation
Partnership Program (SLTPP), formerly SB 140/SB 300,
requires the execution of a program supplement to
the master agreement - action requested - APPROVE
PROGRAM SUPPLEMENT NO. 002 AND AUTHORIZE THE CHAIR
TO SIGN.
35. Butte Caunty Transit - free fare day and one-half
fare days - the Transportation Management
Association Committee, in an effort to encourage the
use of alternative transportation, is requesting
Board authorization to participate in one free fare
day on April 26, 1991 ( "Earth Day" ) , and eighteen
one-half fare days commencing May 3, 1991 through
August 31, 1991 - action requested - AUTHORIZE
PARTICIPATION.
3&. Michael Carver - abandonment of a ten foot public
utility easement, lot 281, Kelly Ridge Estates Unit
No. 1, file 91-17 - action requested - ADOPT
RESOLUTION 91-41 SETTING A PUBLIC HEARING FOR
MAY 7, x.991 AT 10:45 A.M.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
Page 106
April 2, 1991
Apz':. 1991
Re ular A enda
91-135 Items removed from the Consent Agenda for Board ,
consideration and action. (NONE)
91-136 Appointments - commissions and committees.
a. Appointments to committee vacancies.
(CHAIR DOLAN SUBMITTED, WITH REGRET, A LETTER OF
RESIGNATION FROM A. RAYMOND SCHOENFELD AS PUBLIC
ALTERNATE TO THE BUTTE COUNTY LOCAL AGENCY FORMATION
COMMISSION, EFFECTIVE IMMEDIATELY)
91-137 Closed hearing - Stanley Smith - consideration of an
appeal of the Advisory Agency's mitigation measure
(alternate fire suppression sprinkler systems shall be
installed in all new residential structures in accordance
with the National Fire Protection Association standard
for the installation of sprinkler systems in one and two
family dwellings and mobile homes, NFPA Standard 13D.
The purpose of the installation of sprinkler systems is
for additional safety and property protection in the
event of residential fires. This installation will
reduce the demand for structure fire protection in those
instances where they are installed.) on tentative parcel
map (proposed negative declaration with environmental
mitigations), AP 39-08-59, two parcels located at the
northeast corner of Elk Avenue and Dayton Road, Chico
area. (66)
MOTION: HAVING REVIEWED THE ENVIRONMENTAL DOCUMENTS
AND NOTING THE DISCUSSIONS THAT TOOK PLACE AT
OUR METING OF MARCH 19, 1991, I MOVE TO UPHOLD
THE APPLICANT'S APPEAL OF MITIGATION MEASURE
NO. 8 AS IT IS NOTED ON THE ADVISORY AGENCY'S
LETTER OF JANUARY 30, 1991 TO MR. SMITH. MOVE
TO ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR THE TENTATIVE PARCEL
MAP FOR STANLEY SMITH TO CREATE TWO PARCELS ON
AP 39-(78~-59 FINDING THAT ALTHOUGH THE PROJECT
COULD HAVE AN EFFECT ON THE ENVIRONMENT IT WILL
NOT HAVE IF MITIGATION MEASURE NO. 9, AS SHOWN
ON THE ABOVE NOTED ADVISORY AGENCY LETTER, TS
COMPLIED WITH. THIS MOTION IS MADE FINDING
THAT THE PROJECT CONFORMS TO THE BUTTE COUNTY
GENERAL PLAN AND BUTTE COUNTY BONING. ALSO
FINDING THAT IN ACCORDANCE WITH THE
ENVIRONMENTAL CHECKLIST THE PROJECT WILL NOT
HAVE AN EFFECT ON FISH AND WILDLIFE. HAVING
FOUND THE ABOVE, T FURTHER MOVE TO APPROVE THE
PROJECT SUBJECT TO DEPARTMENT OF PUBLIC WORKS
CONDITIONS NO. 1 THROUGH 6, ENVIRONMENTAL
HEALTH CONDITION NO. 7 AND MITIGATION MEASURE
NO, 9 (TO BE NO. 8), AS THEY ARE SHOWN ON THE
Page 107
April 2, 1991
Apri .. 199.
91-137 LETTER OF JANUARY 30, 1991 FROM THE ADVISORY
AGENCY TO MR. SMITH. ALSO FINDING THAT
APPROVAL WILL NOT BE DETRIMENTAL TO THE HEALTH,
SAFETY AND WELFARE OF THE PEOPLE OF BUTTE
COUNTY PROVIDED THE REQUIRED CONDITIONS ARE
COMPLIED WITH.
S M
VOTE: 1 N 2 Y 3 Y 4 NP 5 Y (Motion Carried)
91-138 Closed hearing - Keith DiPietro - appeal of the Advisory
Agency's denial of a tentative subdivision map (proposed
negative declaration regarding environmental impact), AP
39-52-18, 15 lots located on the east side of Durham-
Dayton Highway and lying north of the adjacent to the
Durham Unified School District property, Durham area.
(102)
MOTION: HAVING REVIEWED THE REVISED TENTATIVE
SUBDIVISION MAP AND THE ENVIRONMENTAL CHECKLIST
FOR THE KEITH DIPIETRO TENTATIVE SUBDIVISION,
TO CREATE 16 PARCELS ON AP 39-52-18, I MOVE TO
ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FINDING THE PROPOSED SUBDIVISION WILL
NOT HAVE A SIGNIFICANT IMPACT ON THE
ENVIRONMENT. I ALSO FIND THAT THE PROPOSED
SUBDIVISION WILL HAVE A DE MINIMTS IMPACT ON
FISH AND WILDLIFE. ALSO, FINDING THAT THE
PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL
PLAN AND BUTTE COUNTY ZONING, AND FINDING THAT
THE REVISED TENTATIVE MAP MEETS THE POLICIES
OF THE BOARD ADOPTED PREFERRED LAND USE PLAN
FOR THE DURHAM-DAYTON-NELSON AREA WITH RESPECT
TO AN EAST-WEST INTERLINK BETWEEN DURHAM-DAYTON
HIGHWAY AND THE MIDWAY, I MOVE TO UPHOLD THE
APPLICANT'S APPEAL OF THE ADVISORY AGENCY'S
DENTAL OF THE SUBJECT SUBDIVISION AND APPROVE
THE PROJECT, FINDING THAT APPROVAL WILL NOT BE
DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND
WELFARE PROVIDED THE REQUIRED CONDITIONS OF
APPROVAL ARE COMPLIED WITH. APPROVAL IS
SUBJECT TO PUBLIC WORKS CONDITIONS 1 THOUGH 2 0 ,
PLANNING DEPARTMENT CONDITIONS 1, 2 (AS
AMENDED), AND 3, AND ENVIRONMENTAL HEALTH
CONDITIONS 1 THROUGH 7.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
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April 2, 1991
Apri 1991
91-139 Consideration of a request for continuation of the
seniority, rights, entitlements, and benefits of a former
employee of the District Attorney's Office. (243)
MOTION: TO MOVE FORWARD WITH THIS REQUEST, AS CONTAINED
IN THE MEMORANDUM OF MARCH 25, 1991. FROM THE
DISTRICT ATTORNEY FOR THE CONTINUATION OF THE
SENIORITY, RIGHTS, ENTITLEMENTS, AND BENEFITS
OF MRS. TERRY CATT, EMPLOYEE N0. 4396, AT THE
LEVEL SHE ENJOYED PRIOR TO MARCH 1, 1991.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
91-140 Development of old subdivision lots and other existing
parcels - action requested:
A. WAIVE READING OF AN ORDINANCE AMENDING BUTTE COUNTY
CODE CHAPTERS 19 (SEWAGE DISPOSAL) AND 26
(BUILDINGS) TO PROVIDE ENHANCED STANDARDS FOR THE
PROTECTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE;
AND
B. ADOPT AS AN URGENCY ORDINANCE; OR
C. CONTINUE ADOPTION AS A NON-URGENCY ORDINANCE TO
APRIL 16, 1991.
D. ADOPT RESOLUTION ESTABLISHING AND MODIFYING WELL
CONSTRUCTION AND DESTRUCTION STANDARDS AND AUTHORIZE
THE CHAIR TO SIGN. (505)
MOTION: MOVE TO WAIVE READING OF AN URGENCY ORDINANCE
APPLYING TO LEGALLY CREATED SUBDIVISION LOTS
CREATED PRIOR TO JULY 1, 1949; DIRECT STAFF TO
DRAFT A MERGER ORDINANCE AS SUGGESTED BY
MR. CARL LEVERENZ; SET A PUBLIC
WORKSHOP/HEARING FOR MAY 7, 1991 AT 2:00 P.M.;
ADOPT AS AN URGENCY ORDINANCE 2922; AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
(CHAIR DOLAN TO WORK WITH STAFF ON THE PUBLIC
WORKSHOP/HEARING)
RECESS: 10:20 A.M.
RECONVENE: 10:40 A.M. (SUPERVISOR McLAUGHLTN
PRESENT}
Page 109
April 2, 1991
Agri ,~ 1991
Public Hearin s and Timed Items
91-141 Public hearing - Carl B. Leverenz - appeal of Butte
County Planning Commission's approval of Butte County
Humane Society use permit (proposed negative declaration
with mitigation measures regarding environmental impact)
to allow a public/quasi-public use in an A-5
{agricultural, five acre minimum parcels) zoning
classification on property zoned A-5 {agricultural, five
acre minimum parcels}, property located north of Durham
on the west side of the Midway, approximately 2,600 feet
south of Highway 99 East overpass, identified as AP 039-
230-114, Durham. {2051} (**00)
MOTION: MOVE TO UPHOLD THE APPEAL AND DENY THE USE
PERMIT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Rectular Agenda
91-142 Report and discussion of Cohasset Road failure. (1090)
(REPORT BY BILL CHEFF, PUBLIC WORKS DIRECTOR)
91-143 Update by the Chief Administrative Officer on
Sacramento/legislative activities. (1752) (REPORT BY
WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER)
(SUSAN MINASIAN, COUNTY COUNSEL, PRESENT)
91-144 Report on cooperative water conservation and fire
protection efforts far the Paradise area. (1768}
MOTION: MOVE TO AUTHORIZE THE CHAIR TO SIGN LETTERS
THANKING THE PARADISE IRRIGATION DISTRICT FOR
ITS EFFORTS AND COOPERATION, AND THE TOWN OF
PARADISE FOR ITS COOPERATION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
91-145 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Paul Forsberg, Supervisor, Facility Evaluations,
Enforcement Division, California Integrated Waste
Management Board -forwards a letter outlining staff
observations and the identification of problem areas
following a tour of Butte County's solid waste
facilities - action requested - REFER TO PUBLIC
WORKS DIRECTOR.
Page 110
April 2, 1991
Apri~ .. 1991
91.-145 b. Bob Linscheid, Chief Executive Officer, Chico
Chamber of Commerce -- writes seeking Board
endorsement for the designation of Susan Peterson
of the Chico Visitor and Information Bureau (CVIB)
to represent Butte County as a Film Commissioner in
FLTCS {Film Liaisons in California, Statewide) -
action requested - APPROVE ENDORSEMENT LETTER AND
AUTHORT2E THE CHAIR TO SIGN. (NO ACTION TAKEN.
CONTINUED TO APRIL 16, 1991, CONSENT AGENDA}
c. Rose Kings, Sacramento - requests, under protest,
that the Board institute proceedings to establish
a community facilities district pursuant to the
Mello-Roos Community Facilities Act of 1982 as
outlined in Government Code Section 53318, et seq.
on AP 36-16-04 (Kings tentative subdivision map) -
action requested - REFER TO PLANNING DIRECTOR FOR
REPORT AND RECOMMENDATION,
d. Kyle King, Redwood City - requests, under protest,
that the Board institute proceedings to establish
a community facilities district pursuant to the
Mello-Roos Community Facilities Act of 1982 as
outlined in Government Code Section 53318, et seq.
on AP 58-21-168 (King tentative parcel map) -action
requested - REFER TO PLANNING DIRECTOR FOR REPORT
AND RECOMMENDATION.
e. Bob Betzler, Roseville - requests that the Board
institute proceedings to establish a community
facilities district pursuant to Mello-Roos Community
Facilities Act of 1982 as outlined in Government
Code Section 53318, et seq, on AP 36-54-10 {Foothill
Oaks tentative subdivision map) - action requested -
REFER TO PLANNING DIRECTOR FOR REPORT AND
RECOMMENDATION.
f. Bill and Kaye Bethea - request, under protest, that
the Board institute proceedings to establish a
community facilities district pursuant to Mello-Roos
Community Facilities Act of 1982 as outlined in
Government Code Section 53318, et seq. on AP 68-36-
129 (tentative parcel map) - action requested -
REFER TO PLANNING DIRECTOR FOR REPORT AND
RECOMMENDATION,
g. Donald L. Remley, Ed.D., Superintendent and
Secretary to the Board, Oroville Elementary School
District - forwards notice of the District's
position that any proposed or present charge to the
Oroville City Elementary School District of fees
pursuant to Revenue and Taxation Code Section 97 (f)
is disputed and invalid - action requested - REFER
TO CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL.
Page 111
April 2, 1991
Apr~• _.... 1991
91--145 h. Mark T. Morse, Manager, Redding Resource Area,
United States Department of the Interior -forwards
a proposed Memorandum of Understanding (MOU), which
if adopted, would define Butte County and Bureau of
Land Management roles and responsibilities in
regulating surface mining and reclamation on Federal
lands under BLM management within Butte County and
establish procedures far processing mining permits
and reclamation plans and comparable BLM documents -
action requested - REFER TO PLANNING DIRECTOR AND
PUBLIC WORKS DIRECTOR.
i. Daniel Paranick, Chair, Mono County Board of
Supervisors - requesting Board support of S.B, 495
(Johnston) which clarifies that "de minimus"
projects are exempt from Fish and Game Department
fees imposed on each development project approved
by a county (A.B. 3158) -- action requested - REFER
TO CHIEF ADMINISTRATIVE OFFICER.
Regular Agenda
91-146 Report of status of groundwater joint participation
agreement and meeting of March 26, 1991 - action
requested - BOARD DIRECTION ON FUTURE ACTIVITY. (1935)
{REPORT BY SUPERVISOR McLAUGHLIN AND COUNTY COUNSEL SUSAN
MINASIAN: GROUND WATER USERS IN THE COUNTY ARE UNITING
TO FORM A FORMAL ASSOCIATION, A MUTUAL BENEFIT NONPROFIT
CORPORATION, AND CONSIDERING WHETHER TO FORM A BENEFIT
ASSESSMENT DISTRICT AS WELL. POSSIBLE FUTURE ACTIVITY
BY THE COUNTY WAS OUTLINED AS FOLLOWS: (1) ATTEMPT TO
NEGOTIATE A JOINT POWERS AGREEMENT WHICH COULD TAKE A
LONG TIME, BUT AT LEAST AT THE PRESENT TIME APPEARS TO
BE PROMISING.; (2) AT SOME POINT TN TIME, IF IT LOOKS
AS IF THE JOINT POWERS AGREEMENT IS NOT DEVELOPING THE
WAY WE THINK IT SHOULD, WE WOULD COME BACK TO THE BOARD
AND ASK FOR SOME OTHER AUTHORITY SUCH AS SPECIAL
LEGISLATION.; AND (3) THE IDEA OF A TWO PERCENT TRANSFER
FEE ON ALL SURFACE WATER OR GROUNDWATER GOING OUT OF THE
COUNTY ASSUMING THAT IT WAS DONE WITH THE ASSOCIATION'S
CONSENT. IT WAS NOTED THAT THE TRANSFER FEE WOULD NOT
BE THE SOLE FUNDING MECHANISM FOR THE WATER PLAN;
EVERYBODY WHO PARTICIPATES WILL BE ASSESSED (DISTRICTS,
ASSOCIATIONS AND INDEPENDENT LAND OWNERS). THE BOARD
DIRECTED COUNTY COUNSEL TO PROCEED ALONG THE PATH AS
OUTLINED HERE TODAY)
91-147 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 NDT
LISTED ON THE AGENDA.) {2748} (NONE}
Page 112
April 2, 1991
Aprz x.991
91-148 CLOSED SESSION: The Board recessed to closed session
at 12:25 p.m. for the purpose of
personnel, meet and confer, and
actual litigation pursuant to
Government Code Section 54956.9(a)
(Mason v. Board of Supervisors), to
be followed by a noon recess.
RECONVENE: The Board reconvened at 2:14 p.m.
following a closed session for the purpose
of personnel, meet and confer, and actual
litigation pursuant to Government Code
Section 54956.9 (a) (Mason v. Board of
Supervisors), and noon recess. {NO
ANNOUNCEMENTS)
Public Hearings and Timed___Items
91-149 Presentation by J. Laurence Mintier and Associates on the
General Plan update options report. (***00) (****00)
(PRESENT FOR THE PRESENTATION WERE THE MEMBERS OF THE
BUTTE COUNTY PLANNING COMMISSION)
THE BOARD AND COMMISSION AGREED ON THE FOLLOWING GENERAL
PLAN UPDATE OPTIONS:
SCOPE AND CONTENT OF THE GENERAL PLAN: (1) SCOPE OF
GENERAL PLAN ISSUES (EXPANDED ELEMENT SCOPE); (2) SCOPE
OF ISSUES TO BE ADDRESSED IN AREA PLANS (LIMIT THE SCOPE
OF THE AREA PLANS TO ADDRESSING ONLY THOSE ISSUES
REQUIRED A RELATIVELY FINE FOCUS (I.E., LAND USE AND
CIRCULATIONS), ALONG WITH THOSE ISSUES UNIQUE TO THE
COMMUNITY, INCLUDING ANY OPTIONAL ELEMENTS CONSIDERED
IMPORTANT); (3) RELATIONSHIP OF CURRENT AREA PLAN POLICY
TO GENERAL PLAN UPDATE (THE COUNTY WOULD INCORPORATE
POLICY ONLY FROM THE AREA PLANS IT CONSIDERS VALID
REFLECTIONS OF CURRENT COMMUNITY VIEWS AND DESIRES AND
THAT ARE CONSISTENT WITH COUNTYWIDE INTERESTS); (4)
RELATIONSHIP OF FUNCTIONAL PLANS TO THE GENERAL PLAN
(KEEP FUNCTIONAL PLANS SEPARATE FROM THE GENERAL PLAN);
AND (5} RELATIONSHIP OF CITY GENERAL PLANS TO GENERAL
PLAN UPDATE - SPHERE OF INFLUENCE (PLAN LAND USES IN
FORMAL CONSULTATION OR THROUGH JOINT ACTION WITH THE
AFFECTED CITY) AND PLANNING AREA (EXERCISE ITS
INDEPENDENT JUDGEMENT OVER LAND USE, AFTER INFORMAL
CONSULTATION WITH THE AFFECTED CITY). GENERAL PLAN
FORMAT ISSUES: (1) ORGANIZATION OF GENERAL PLAN
DOCUMENTS {SEPARATION OF BACKGROUND AND POLICY
INFORMATION); (2) GROUPING OF GENERAL PLAN ISSUES (LAND
USE, HOUSING, TRANSPORTATION, PUBLIC FACILITIES AND
SERVICES, RECREATIONAL AND CULTURAL RESOURCES, NATURAL
RESOURCES, ENERGY, SAFETY AND NOISE); (3) THE
RELATIONSHIP BETWEEN THE COUNTYWIDE GENERAL PLAN AND AREA
PLANS (DETAILED COUNTYWIDE PLAN AND FOCUSED AREA PLANS};
Page 3.13
April 2, 1991
Apr.. , , 1991
91-149 (4) AREA PLAN COVERAGE {TO TAKE A FRESH LOOK AT WHERE
AREA PLANS ARE APPROPRIATE AND MAKE ADJUSTMENTS AS
NECESSARY); AND (5) LAND USE DESIGNATIONS AND DIAGRAMS
(TO PREPARE A COUNTYWIDE DIAGRAM SHOWING DESIGNATIONS
ONLY FOR THOSE AREAS NOT COVERED BY AREA PLANS, WITH
BLANK AREAS ON THE COUNTYWIDE DIAGRAM REFERRING TO THE
RESPECTIVE AREA PLAN LAND USE DIAGRAMS FOR THE LAND USE
DESIGNATIONS FOR THOSE AREAS. UNDER THIS APPROACH THERE
WOULD BE A SINGLE SET OF DESIGNATIONS THAT WOULD BE
APPLIED TO BOTH THE COUNTYWIDE PLAN AND THE AREA PLANS.
THIS APPROACH WOULD ELIMINATE THE PROBLEM UNDER THE FIRST
APPROACH OF MAINTAINING CONSISTENCY BETWEEN THE LEVELS
OF THE PLANS). GENERAL PLAN PROCESS ISSUES: (1) PUBLIC
AGENCY COORDINATION {THE DOCUMENT REFERRAL APPROACH);
(2) CITIZEN PARTICIPATION (PUBLIC HEARINGS AND WORKSHOPS,
AND NOT CREATE A SINGLE COMMITTEE, BUT COMMITTEES FOR
SPECIFIC AREAS); AND (3) ROLE OF PLANNING COMMISSION AND
THE BOARD OF SUPERVISORS (THE COUNTY COULD SUPPLEMENT
THIS LEVEL OF COMMITMENT WITH ACTIVE PARTICIPATION BY THE
BOARD AND COMMISSION TN IDENTIFYING IMPORTANT POLICY
ISSUES AND IN SELECTING POLICY RESPONSES TO THESE
ISSUES).
CONTINUED TO APRIL 23, 1991 AT 10:00 A.M,
91-150 CLOSED SESSION: The Board recessed to closed session
at 4:15 p.m, far the purpose of a
personnel matter.
RECONVENE: The Board reconvened at 4:25 p,m.
following a closed session for the purpose
of a personnel matter. (NO ANNOUNCEMENTS)
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 4:26 p.m. to reconvene on
Tuesday, April 16, 1991 at 9:00 a.m.
any sivycai~, .,.aaa.s .a.+
and of Supervisors
ATTEST:
WILLIAM H. RAN OLPH, Chief~min~strative Officer
an Clerk o he Board of Supervisors
r.'.
By,: ~,
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April 2, 1991