HomeMy WebLinkAboutM040792~..
April 7. 1992
92-132
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin
and Chair polan present. Starlyn Brown, acting 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.
Items removed from the Consent Agenda for Board
consideration and action.
1. Fire Department - conveyance of County property -
Board autharizatior_ is requested for the donation
of County fire engir.P no. 34, a 1953 GMC fire engine
(license no. E549699, asset no. 872), to the Butte
College Fire Technology Program. This engine was
recently replaced because it was no longer reliable
for daily service, and has virtually no resale
value - action requested - AUTHORIZE PUBLICATION OF
NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY
PURSUANT TO GOVERNMENT CODE SECTION 25365 AND 6061.
Consent Agenua
92-133
1. Approval of minutes - action requested - APPROVE
MINUTES OF MARCH 24, 1992.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS F1-134 (CAPITAL PROJECTS), B-136 (LIBRARY),
B-137 (FIR~-REGULAR), B-138 (MENTAL HEALTH/GENERAL
SERVICES), B-139 (BUILDINGS AND GROUNDS), B-140
(PERSONNEL), AND B-149 (PUBLIC HEALTH.
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April 7, 1992
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92-133 April 7, 1992
3. Jack Vollendroff - abandonment of a 20 foot alley,
property located on the west side of Perkins Street,
between Gold Avenue and Lakeland Avenue, north of
Long Bar Road, AP 033-028-001, 002, 003, 004 AND
005, Oroville - action requested - ADOPT RESOLUTION
92-34 SETTING A PUBLIC HEARING FOR MAY 5, 1992 AT
10:30 A.M.
4. County library donations - in accordance with
Government Code Section 25355, donations of $6,000
from Gridley Friends of the Library, $950 from Chico
Friends of the Library, and $500 from Paradise
Friends of the Library have been received for the
Butte County trust fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
5. Fire Department - the Golden Feather Volunteer Fire
Company desires to donate a 1982 GMC truck (vin no.
1GOT9L4C5C V592684) to replace the cab and chassis
currently under water tender 38 - action requested -
ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
6. Fire Department - the Kelly Ridge Volunteer Fire
Company desires to donate an 80 channel Midland
radio (model no. 70-382B, serial no. 300480) to be
placed in water tender 64 - action requested -
ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
7. Butte County AIDS Task Force - action requested -
APPOINT RAYMOND BATEMAN, AND AUTHORIZE LETTERS OF
APPRECIATION TO ANITA BELL, COLLEEN EMERSON, AND
CAROLYN CAMERON WHO ARE NO LONGER SERVING ON THE
TASK FORCE.
8. Butte County Housing Authority Board - action
requested - REAPPOINT GLADYS WAIDELEY (TENANT) AND
LENA WHITE (TENANT) TO SERVE UNTIL APRIL 21, 1994.
9. Butte County Maternal Child and Adolescent Health
Board - action requested - APPOINT SUE WILLEY
(WELFARE DEPARTMENT REPRESENTATIVE) TO FILL AN
UNEXPIRED TERM TO MARCH 1, 1995.
10. Butte County Substance Abuse Council - action
requested - APPOINT CHERYL BERGE TO FILL AN
UNEXPIRED TERM TO JULY, 1993.
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April 7, 1992
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92-133 Anril 7, 1992
11. Private Industry Council - action requested -
APPOINT LEE LANEY (COMMUNITY BASED ORGANIZATION
REPRESENTATIVE) TO SERVE UNTIL JUNE 14, 1995.
12. Surface Mining Aggregate Operations Committee -
action requested - APPOINT GORDON MATHEWS (DISTRICT
4) TO SERVE UNTIL DECEMBER 31, 1992.
13. John Haase, conditional rezone (AP 071-020-098,
Berry Creek) - a resolution has been prepared to
complete the Board's action of March 24, 1992
approving a conditional zoning agreement - action
requested - ADOPT RESOLUTION 92-35 AND AUTHORIZE THE
CHAIR TO SIGN.
14. Final map - Quadra Estates Subdivision -the
developer has provided a cash deposit to guarantee
construction of improvements within a period of one
year, two lots, AP 42-21-81, property located on the
westerly side of Quadra Court, approximately 300
feet north of Oak Park Avenue, Chico area - action
requested - APPROVE FINAL MAP, AND AUTHORIZE THE
CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
15. Viacom Cablevision refund claim dated March 13,
1992 pursuant to Revenue and Taxation Code Sections
5096 and 5097 - the claim has been reviewed by the
Assessor's Office and by County Counsel. These
offices jointly advise the Board that this claim be
denied on the following grounds: (1) The
supplemental assessments are a separate and
independent tax role. They have no escapes and the
sections cited do not, therefore, apply., (2) The
Revenue and Taxation Code provision that provides
for installment payments (Section 4837.5) was not
in effect on the billing date.; and (3) The claim
for refund is premature in light of Viacom's failure
to exhaust available administrative remedy - action
requested - DENY CLAIM AND REFER TO COUNTY COUNSEL.
16. Administration - Board authorization is requested
to upgrade one existing computer with a new
motherboard and additional hard drive to expand
memory capacity, and to purchase an electric
typewriter to replace an electronic typewriter too
costly to repair. Funding is from savings within
existing fixed asset funds - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS.
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April 7, 1992
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92-133 April 7, 1992
17. Public Health - Board authorization is requested to
purchase a FAX machine for the Chico Environmental
Health Office to facilitate the sending and
receiving of chemical information sheets and
emergency orders for the Toxic Enforcement Program
in the maximum amount of $1, 400 from funds available
within the Special Hazardous Materials Enforcement
Trust Fund. Budget transfer B-149 has been prepared
for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
18. Sheriff-Coroner submits the Inmate Welfare Fund
itemized report of expenditures for fiscal year
ending June 30, 1992 pursuant to Penal Code Section
4025 - action requested - ACCEPT FOR INFORMATION.
19. Introduction of an ordinance amending Section 8-3
of the Butte County Code regarding Emergency
Services Council membership - the proposed ordinance
designates the chairman of the Board of Supervisors
as chairman of the Emergency Services Council, and
the vice chair of the Board of Supervisors as a
member of the Council. Further, the term "civil
disaster", as used in Chapter 8 of the Butte County
Code has been replaced with the term "emergency
services" - action requested - WAIVE READING OF THE
ORDINANCE.
20. Introduction of an ordinance repealing and re-
enacting Article V of Chapter 2 of the Butte County
Code regarding judicial districts - the proposed
ordinance sets forth the legal descriptions of the
North County and South County Judicial Districts
created by Article 37 (commencing with Section
74934 ) of Chapter 10 of Title 8 of the Government
Code, as enacted by Chapter 592 of the Statutes of
1986 and made operative by Board Resolution 87-17
on February 3, 1987 - action requested - WAIVE
READING OF THE ORDINANCE.
21. Resolution of praise and support for Community
Action Volunteers in Education (CAVEj in celebration
of its 25th anniversary - action requested - ADOPT
RESOLUTION 92-36 AND AUTHORIZE THE CHAIR TO SIGN.
22. Resolution in recognition of George Stamm for
service to Butte County Water Commission - action
requested - ADOPT RESOLUTION 92-37 AND AUTHORIZE THE
CHAIR TO SIGN.
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April 7, 1992
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92-133 April 7, 1992
23. Director-Development Services - proposed is an
employment contract with the salary in accordance
with the County's current salary ordinance - action
requested - APPROVE CONTRACT AND APPOINTMENT OF
WILLIAM H. FARREL AS THE COUNTY'S DIRECTOR-
DEVELOPMENT SERVICES AND AUTHORIZE THE CHAIR TO
SIGN.
24. Director-Personnel - proposed is an employment
contract with the salary in accordance with the
County's current salary ordinance - action
requested - APPROVE CONTRACT AND APPOINTMENT OF
STEVEN A. HARMAN AS THE COUNTY'S DIRECTOR-PERSONNEL
AND AUTHORIZE THE CHAIR TO SIGN.
25. Butte County Agricultural Chemical Collection
Program - proposed is a contract with MSE, Inc. to
provide the necessary collection and transportation
services for the disposal of unregistered, unusable,
or unwanted pesticides in a special grower amnesty
program event to be held at the Silver Dallar
Fairgrounds, Chico, and an indemnification agreement
to allow Plumas County growers to participate in
program - action requested - APPROVE AGREEMENTS AND
AUTHORIZE THE CHAIR TO SIGN.
26. Assignment of counsel - County Counsel proposes
assignment of Turner v. Butte County to the law firm
of Howard, Rice, Nemerovski, et. al. - action
requested - APPROVE ASSIGNMENT OF COUNSEL.
27. Marsh, Marsh, Volpe & Molin - proposed is the
renewal of an agreement to retain attorney services
for a term of one year - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
28. Mediation Center of the North Valley (MCNV} -
proposed is an agreement for the provision of small
claims advisor service pursuant to Code of Civil
Procedure Sections 116.260 and 116.940 commencing
March 1, 1992 through February 28, 1993 in the
maximum amount of $1,500 per month - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
29. 1992/1993 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 92-38 AND AUTHORIZE THE CHAIR TO
SIGN.
Page 108
April 7, 1992
92-133 A~ril 7, 1992
30. Private Industry Council - Board approval is
requested of the 1992j1994 Job Training Partnership
Act Plan Grant - action requested - FIND THAT THE
PRIVATE INDUSTRY COUNCIL SERVICES PLAN FOR 1992/1994
IS CONSISTENT WITH THE BUTTE COUNTY GAIN PLAN
PURSUANT TO SECTION 11320 OF THE WELFARE AND
INSTITUTIONS CODE AND AUTHORIZE THE CHAIR TO SIGN
THE JOB TRAINING PLAN AND COUNTY GAIN CERTIFICATION.
31. Nancy Agliolo, Toby Hale and Susan McManus -
proposed are amendments to service agreements for
the provision of physical and occupational therapy
services provided to children eligible for the
California Children Service Program which adjust the
maximum amount payable under the agreements to
reflect the current utilization of services -
action requested - APPROVE AMENDMENTS TO AGREEMENTS
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
32. State Department of Health Services contract no. 91-
12596 - amendment no. A2 - the proposed amendment
increases the amount payable by the State to the
County from $123,309 to $144,156 for selected AIDS
related activities - action requested - APPROVE
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
33. Vector Engineering, Inc. - Neal Road Landfill - a
letter proposal has been prepared to provide
environmental engineering services for preparation
of the environmental documentation to comply with
the general industrial storm water permit
requirements recently adopted by the State Water
Resources Control Board for industrial facilities
with storm water discharge. Funding is available
in the Neal Road Landfill Management Fund - action
requested - APPROVE LETTER PROPOSAL SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER,
AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO DIRECT
VECTOR ENGINEERING, INC. TO PROCEED WITH THE WORK,
AT A COST NOT TO EXCEED $3,000 WITHOUT PRIOR PUBLIC
WORKS APPROVAL.
34. Records Systems Associates, Inc. (RSA) - proposed
is an agreement for the provision of professional
expertise for the Department of Social Welfare in
the planning phase of a Records and Information
Management Program in the maximum amount of $25,250
from State/Federal funds - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 109
April 7, 1992
92-133
April 7. 1992
35. County Fire Prevention Plan - Title 8, California
Code of Regulations (CCR), Section 3221 requires
that employers develop a written Fire Prevention
Plan which must be kept at the workplace and made
available for employee review - action requested -
ADOPT FIRE PREVENTION PLAN FOR INCLUSION IN THE
COUNTY'S SAFETY PROGRAM.
36. L. Michael Hohenthaner, et al. - submit signed
petitions to the U. S. Forest Service to grant a
long term use permit to the Paradise Rod and Gun
Club, Inc. for continued use of the existing gun
range located at 6969 Lucretia Road, Magalia -
action requested - ACCEPT FOR INFORMATION.
37. Cleanup Week - Board authorization is requested for
use of Housing Community Development Program income,
not to exceed $1,000, for Oroville area cleanup
assistance in conjunction with various organizations
through the Chamber of Commerce - action requested -
APPROVE PARTICIPATION IN THE OROVILLE AREA CLEANUP
WEEK.
38. Board of Supervisors - schedule a meeting of the
Board for Monday, April 27, 1992 at 9:00 a.m. for
a closed session on personnel - action requested -
SET MEETING.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.17.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Rectular Agenda
92-134 Items removed from the Consent Agenda for Board
consideration and action.
1. Fire Department - conveyance of County property -
Board authorization is requested for the donation
of County fire engine no. 34, a 1953 GMC fire engine
(license no. E549699, asset no. 872), to the Butte
College Fire Technology Program. This engine was
recently replaced because it was no longer reliable
for daily service, and has virtually no resale
value - action requested - AUTHORIZE PUBLICATION OF
NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY
PURSUANT TO GOVERNMENT CODE SECTION 25365 AND 6061.
MOTION: MOVE TO AUTHORIZE PUBLICATION OF NOTICE OF
INTENTION TO CONVEY COUNTY PROPERTY PURSUANT
TO GOVERNMENT CODE SECTIONS 25365 AND 6061.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 110
April 7, 1992
A~ril 7. 1992
92-135 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
92-136 Mike Thompson, Senator, 4th District - requests Board
support for Senate Joint Resolution 30 expressing the
legislature's support for the development of a plan to
implement a Tourist Oriented Directional Sign (TODS)
Program in California - action requested - APPROVE LETTER
IN SUPPORT OF SENATE JOINT RESOLUTION 30 AND AUTHORIZE
THE CHAIR TO SIGN. (180) (BOARD DIRECTION TO SEND A
LETTER TO SENATOR THOMPSON ADVISING HIM THAT THE BOARD
IS NOT SUPPORTING SENATE JOINT RESOLUTION 30 BASED ON
CONCERNS EXPRESSED BY JANE DAVIS, BIGGS)
92-137 Closed hearing - NorthStar Engineering on behalf of Rager
Sohnrey - consideration of an appeal of the Advisory
Agency's denial of a tentative subdivision map (proposed
negative declaration with environment mitigations), AP
40-15-01, seven lots, property located on the east side
of Lott Road approximately 800 feet south of Cummings
Road, Durham area. (325)
MOTION: I MOVE TO MAKE A MOTION TO ADOPT A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT WITH
MITIGATION MEASURES AS LISTED IN THE INITIAL
STUDY FOR THIS PROJECT, TO UPHOLD THE APPEAL
AND APPROVE THE PROJECT FINDING THAT THE
PROJECT COULD HAVE AN EFFECT ON THE
ENVIRONMENT, BUT WILL NOT HAVE A SIGNIFICANT
EFFECT IN THIS CASE PROVIDED THE REQUYRED
MITIGATION MEASURES ARE COMPLIED WITH. THIS
MOTION IS MADE FINDING THAT THE PROJECT IS IN
CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN
AND BUTTE COUNTY ZONING AS FOLLOWS: (1) AT
THE TIME OF FILING OF THIS TENTATIVE MAP
APPLICATION PURSUANT TO BUTTE COUNTY CODE
SECTION 20-62 THE APPLICABLE ZONING WAS SR-1
AND THE ESTABLISHED POLICY WAS TO INTERPRET AND
APPLY THE BUTTE COUNTY GENERAL PLAN IN THE
NEIGHBORHOOD IN QUESTION IN A MANNER WHICH
ALLOWED THE SUBDIVISION AND DEVELOPMENT OF LAND
TO 4NE ACRE PARCELS.; (2) SUBDIVIDING THE
PROPERTY IN QUESTION TO ONE ACRE PLUS LOTS IS
CON5ISTENT WITH THE ESTABLISHED PATTERN OF
DEVELOPMENT OF THOSE PROPERTIES COMMENCING AT
THE SUBJECT PROPERTY AND BORDERING ON BOTH
SIDES OF LOTT ROAD FROM THE SUBJECT PROPERTY
SOUTH TO DURHAM-DAYTON HIGIiWAY. SAID
PROPERTIES PREDOMINANTLY DEVELOPED TO
RESIDENTIAL USES ON LOTS OF APPROXIMATELY ONE
ACRE IN SIZE.; (3) SAID SR-1 ZONING AND
Page 111
April 7, 1992
April 7. 1992
92-137 POLICIES OF INTERPRETATION OF THE GENERAL PLAN
REMAINED IN EFFECT AT THE TIME OF THE ADVISORY
AGENCY HEARING ON THIS MAP, AT THE TIME THE
APPEAL WAS MADE TO THE BOARD OF SUPERVISORS
PERTAINING TO THE ADVISORY AGENCY'S ACTION ON
THIS MAP, AT THE TIME THE HEARING WAS OPENED
BEFORE THE BOARD OF SUPERVISORS ON SAID APPEAL,
AND AT THE TIME THE MOTION OF INTENT TO APPROVE
THIS MAP WAS ADOPTED BY THE BOARD. HAVING
FOUND THE ABOVE, I FURTHER MOVE TO APPROVE THE
PROJECT SUBJECT TO THE FOLLOWING CONDITIONS AND
FINDING THAT APPROVAL WILL NOT BE DETRIMENTAL
TO THE HEALTH, SAFETY OR WELFARE OF THE PEOPLE
OF BUTTE COUNTY PROVIDED THE REQUIRED
CONDITIONS ARE COMPLIED WITH. THESE CONDITIONS
ARE: THE 18 CONDITIONS AS LISTED IN THE LETTER
FROM THE DEPARTMENT OF PUBLIC WORKS TO THE
APPLICANT DATED DECEMBER 18, 1991; THE SEVEN
CONDITIONS AS LISTED IN THE MEMORANDUM FROM
ENVIRONMENTAL HEALTH TO PUBLIC WORKS DATED
JANUARY 27, 1992; CONDITION 26: PLACE A NOTE
ON THE FINAL MAP THAT STATES "A DEVELOPMENT
IMPACT FEE FOR SHERIFF'S FACILITIES SHALL BE
PAID PURSUANT TO THE PROVISIONS OF CHAPTER 3,
ARTICLE II OF THE BUTTE COUNTY CODE PRIOR TO
ISSUANCE OF BUILDING PERMITS"; AND THE THREE
MITIGATION MEASURES AS LISTED IN THE INITIAL
STUDY.
S M
VOTE: 1 Y 2 N 3 Y 4 Y 5 Y(Motion Carried)
(SUPERVISOR McLAUGHLIN NOT PRESENT)
92-138 Closed hearing - Durham House Preservation Partnership -
consideration of a rezone on which the Planning
Commission has recommended denial (proposed negative
declaration with mitigation measures regarding
environmental impact) from A-5 (agricultural - five acre
parcels) to PUD (planned unit development), property
located on the north side of Durham-Dayton Highway,
approximately 1,400 feet east of Jones Avenue, AP 040-
180-057 and 058, Durham. (342)
Page 112
April 7, 1992
April 7, 1992
92-138 MOTION: I MOVE TO ACCEPT THE RECONII~ENDATIONS OF STAFF
MEMORANDUM DATED SEPTEMBER 25, 1992; (A) FIND
THAT: (1) AN INITIAL STUDY HAS BEEN COMPLETED
IN COMPLIANCE WITH CEQA.; (2) SAID STUDY AND
COMMENTS RECEIVED THEREON IDENTIFIED
POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS
THAT THE PROJECT MAY HAVE HAD BUT: (A)
REVISIONS IN THE PROJECT PLANS OR PROPOSAIS
MADE BY OR AGREED TO BY THE APPLICANT WOULD
AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO
A POINT WHERE CLEARLY NO SIGNIFICANT EFFECTS
WOULD OCCUR, AND (B) THERE IS NO EVIDENCE
BEFORE THE COUNTY THAT THE PROJECT AS REVISED
MAY HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT.; (3) THE PROPOSED ZONING IS
CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN
AND POLICIES OF THE DURHAM-DAYTON-NELSON AREA
PLAN.; (B) ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES AND ADOPT ORDINANCE 2995
ZONING TO PUD THAT PROPERTY IDENTIFIED AS AP
040-180-057, 058; AND APPROVE A VESTING
TENTATIVE SUBDIVISION MAP ON PROPERTY
IDENTIFIED AS AP 040-180-057, 058 (DURHAM HOUSE
PRESERVATION PARTNERSHIP) SUBJECT TO CONDITIONS
AND MITIGATION MEASURES 1 THROUGH 39.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 N (Motion Carried)
(SUPERVISOR McLAUGHLIN PRESENT)
92-139 Consideration of a request for information relative to
alleged toxic chemical use on Dunstone Road, and report
from the County Safety Officer regarding the
implementation of safeguards. (407) (REPORT BY STEVE
MUSSELMAN, RISK MANAGER AND JEFF DEEL, SAFETY OFFICER)
92-140 Update by Acting Chief Administrative Officer on
Sacramento/legislative activities. (840) (THE COUNTY'S
BILL AS CARRIED BY SENATOR LESLIE WAS PASSED OUT OF THE
SENATE LOCAL GOVERNMENT COMMITTEE. THE NEXT STEP IS THE
SENATE APPROPRIATIONS COMMITTEE. THERE IS A MAY 22, 1992
DEADLINE FOR MOVING THE COUNTY'S LEGISLATION FROM THIS
COMMITTEE.}
Page 113
April 7, 1992
April 7, 1992
92-141 CLOSED SESSION: The Board recessed at 9:35 a.m. for
a closed session for the purpose of
actual litigation pursuant to
Government Code Section 54956.9(a}
(Pacific Gas and Electric v. State
Board of Equalization, et al.),
potential litigation pursuant to
Government Code Section 54956.9(c)
(Stewart v. County of Butte), a
personnel matter, and meet and
confer. (892)
RECONVENE: The Board reconvened at 10:05 a.m.
following a closed session for the purpose
of actual litigation pursuant to
Government Code Section 54956.9(a)
(Pacific Gas and Electric v. State Board
of Equalization, et al.), potential
litigation pursuant to Government Code
Section 54956.9(c) (Stewart v. County of
Butte), a personnel matter, and meet and
confer. (NO ANNOUNCEMENTS)
Public Hearings and Timed Items
92-142 Public hearing - L& L Surveying on behalf of R. Wheeler
and R. Pearce - consideration of an appeal of condition
no. 1(provide two-way traversable access RS-8-LD-II to
each parcel from a county maintained road or state
highway) on tentative parcel map (item for which
categorical exemption from environmental review has been
recammended), AP 58-74-10, two parcels, property located
on both sides of Newsome Ranch Road approximately 2,000
feet south of Big Bend Road, Concow area - action
requested - OPEN HEARING AND CONTINUE OPEN TO APRIL 21,
1992 AT 10:00 A.M. (926) (HEARING OPENED AND CONTINUED
OPEN TO APRIL 21, 1992 AT 10:00 A.M.)
92-143 Continued hearing - Kent Jessen - consideration of an
appeal of the Advisory Agency's approval of the Forrest
Young tentative subdivision map (proposed negative
declaration with environmental mitigations), AP 43-61-
21, eight lots, property located on the northerly side
of West 12th Avenue approximately 550 feet east of
Tiffany Way, Chico area. (972)
Page 114
April 7, 1992
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April 7, 1992
92-143 MOTION: I MOVE FOR A MOTION OF INTENT TO DENY THE
APPEAL AND TO UPHOLD THE APPROVAL OF THE
TENTATIVE SUBDIVISION MAP WITH ADDITIONAL
CONDITIONS TO BE IMPOSED FOR AN EASEMENT FOR
AN EXISTING FOOT AND BICYCLE PATH BETWEEN LOTS
4 AND 5 OF THE SUBDIVISION TO WEST 12TH AVENUE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-144 Public hearing - Butte County Board of Supervisors -
consideration of General Plan Amendment from orchard and
field crops, agricultural residential and grazing and
open land to commercial, public, agricultural
residential, orchard and field crops and grazing and open
land; and rezone (proposed negative declaration regarding
environmental impact) from U(unclassified), M-2 (heavy
industrial), A-5 (agricultural - five acre parcels) and
A-10 (agricultural - ten acre parcels) to R-C (resource
conservation), A-lo (agricultural - ten acre parcelsj,
A-20 (agricultural - 20 acre parcels), A-40
(agricultural - 40 acre parcels), property located from
north of Palermo Road, south to the County boundary, and
from the Feather River to Palermo Honcut Highway, not
including the Townsites of Honcut or Palermo, the Oak
Grove area or the Mathews and Robinson and Sons rock
quarries near the Feather River. (1658) (**00)
MOTION: I MOVE TO DENY THE GENERAL PLAN AMENDMENT AND
REZONE AS PROPOSED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
RECESS: 11:46 A.M.
RECONVENE: 12:02 P.M.
92-145 Public hearing - Richvale Sanitary District -
consideration of General Plan Amendment from orchard and
field crops to public and rezone (proposed negative
declaration regarding environmental impact) from A-40
(agricultural - 40 acre parcels) to P-Q (public - quasi-
public), property located approximately 1,100 feet west
of Eucalyptus Road, approximately 1/2 mile south of
Lofgren Road, AP 029-180-031 portion and 029-180-027,
southwest of Richvale. (1314)
Page 115
April 7, 1992
April 7, 1992
92-145
MOTION: I MOVE TO (A) FIND THAT THE REQUIREMENTS OF
CEQA HAVE BEEN COMPLETED AND CONSIDERED IN
MAKING THIS DECISION AND RECOMr~IEND THE BOARD
OF SUPERVISORS ADOPT A NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS; AND (B) FIND
THAT THE PROPOSED ZONING IS CONSISTENT WITH THE
PROPOSED BUTTE COUNTY GENERAL PLAN AMENDMENT
INCLUDING THE MAP AND TEXT, BECAUSE IT MEETS
A NEED OF AN EXISTING COMMUNITY AND EXISTING
SEWAGE DISPOSAL SYSTEM AND (C) ADOPT
RESOLUTION 92-39 AMENDING THE GENERAL PLAN TO
PUBLIC ON PROPERTY IDENTIFIED AS AP 029-180-
027 AND 029-180-031 (PORTION) (RICHVALE
SANITARY DISTRICT); AND (D) ADOPT ORDINANCE
2996 REZONING TO P-Q (PUBLIC/QUASI-PUBLIC) THAT
PROPERTY IDENTIFIED AS AP 029-180-027 AND 029-
180-031 (PORTION) (RZCHVALE SANITARY DISTRICT).
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-146
Air Pollution Control District
Recess at 12:04 p.m. as the Board of Supervisors and
reconvene as the Air Pollution Control District Board of
Directors. Present: Directors Fulton, Houx, McInturf,
McLaughlin and Chair polan. (1350)
1. Approval of minutes - action requested - APPROVE
MINUTES OF FEBRUARY 7, 1992.
MOTION: MOVE TO APPROVE MINUTES OF FEBRUARY 7, 1992.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
2. Public hearing - consideration of adoption of three
proposed rule amendments and one new rule to the
Air Pollution Control District Rules and
Regulations - action requested - ADOPT RULES.
MOTION: MOVE TO ADOPT RULES
S M
VOTE: 1 Y 2 Y 3 Y 4 Y
AS PROPOSED.
5 Y (Unanimously Carried)
Page 116
April 7, 1992
April 7. 1992
92-146
3. Communications received and referred. (COPIES OF
ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE
BOARD OFFICE.)
a. Leslie Krinsk, Senior Staff Counsel, State
Air Resources Board - notifies the Board that
preparation has begun for the Air Resources
Board public hearings on the air quality
attainment plans as required by the California
Clean Air Act (CCAA), and the requirement for
a specific finding by each district board that
the plan complies with the cost-effectiveness
requirement of Section 40913(b) of the Health
and Safety Code - action requested - REFER TO
ACTING CHIEF ADMINISTRATIVE OFFICER AND AIR
POLLUTION CONTROL OFFICER. (REFER TO MINUTE
ORDER 92-149) (GINA FACCA, AIR POLLUTION
CONTROL OFFICER, PRESENTED A MEMORANDUM TO THE
BOARD DATED APRIL 6, 1992 IN RESPONSE TO MR.
KRINSK'S LETTER)
Adjourn at 12:22 p.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board
of Supervisors.
92-147
CLOSED SESSION: The Board recessed at 12:22 p.m. for
a closed session for the purpose of
actual litigation pursuant to
Government Code Section 54956.9(a)
(Pacific Gas and Electric v. State
Board of Equalization, et al.),
potential litigation pursuant to
Government Code Section 54956.9(c}
(Stewart v. County of Butte), a
personnel matter, and meet and
confer.
RECONVENE: The Board reconvened at 1:07 p.m.
following a closed session for the purpose
of actual litigation pursuant to
Government Code Section 54956.9(a)
(Pacific Gas and Electric v. State Board
of Equalization, et al.), potential
litigation pursuant to Government Code
Section 54956.9(c) (Stewart v. County of
Butte), a personnel matter, and meet and
confer. (2049) (NO ANNOUNCEMENTS)
(SUPERVISORS McINTURF AND HOUX NOT
PRESENT)
Page 117
April 7, 1992
~
April 7. 1992
92-148 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.)
1. Jane Davis, Biggs - comment regarding speakers
addressing the Board as a candidate for office;
reconsideration of the utility users tax percentages
in relation to Butte County salaries; and the
wasting of taxpayers' money in mailing of the
Board's agenda.
2. Joe Schons, Berry Creek - public co~nment should be
in the morning; and new post office regulations
regarding the form of mailing of the Board's agenda.
3. Jerry Holcomb, Oroville - public comment before
closed session.
92-149 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Fred Davis, Executive Director, Chico Redevelopment
Agency - forwards notice of a joint public hearing
of the Chico Redevelopment Agency and the Chico City
Council on the adoption of the proposed amendments
to the redevelopment plans for the Amended Southeast
Chico Redevelopment Project Area, the Chico
Municipal Airport Redevelopment Project Area, and
the Central Chico Redevelopment Project Area for
4:00 p.m. on April 21, 1992, in the City Council
Chamber. Included is a copy of the Agency's Report
to Council - action requested - REFER TO ACTING
CHIEF ADMINISTRATIVE OFFICER, AND COUNTY COUNSEL.
b. Larry G. Preston, Executive Director, North State
Water Association - forwards the updated Association
Bylaws, amended to permit each County member to
appoint four representatives to the Association's
Board of Directors - action requested - REFER TO
CHIEF ADMINISTRATIVE OFFICER AND CLERK OF THE BOARD.
c. Carl D. Hoff, Treasurer/Controller,
Association of California - forwards
a refund on county transfer taxes paic
of their Biggs rice mill on August 2,
requested - REFER TO COUNTY COUNSEL,
COLLECTOR, AND AUDITOR-CONTROLLER.
Rice Growers
a request for
upon the sale
1991 - action
TREASURER/TAX
Page 118
April 7, 1992
A~ril 7, 1992
92-149 d. Patricia B. Warren, Chair, Maternal Child Adolescent
Health Program and the Child Health and Disability
Prevention Program - writes at the direction of the
Advisory Board to solicit the Board's attention and
support in alleviating a threatening situation where
an increasing number of infants and toddlers cannot
access pediatric care, and inadequate reimbursement
to physicians for Medi-Cal patients - action
requested - REFER TO ACTING CHIEF ADMINISTRATIVE
OFFICER, DIRECTOR-MENTAL HEALTH, DIRECTOR-PUBLIC
HEALTH, AND DIRECT~R-WELFARE.
e. Leslie Krinsk, Senior Staff Counsel, State Air
Resources Board - notifies the Board that
preparation has begun for the Air Resources Board
public hearings on the air quality attainment plans
as required by the California Clean Air Act (CCAA),
and the requirement for a specific finding by each
district board that the plan complies with the cost-
effectiveness requirement of Section 40913(b~ of the
Health and Safety Code - action requested - REFER
TO ACTING CHIEF ADMINISTRATIVE OFFICER AND AIR
POLLUTION CONTROL OFFICER. (REFER TO MINUTE ORDER
NO. 92-146)
ADJOURNMENT: There being nothing further before the
Board at this time, the Board meeting was
adjourned at 1:22 p.m. to reconvene on
Tuesday, April 21, 1992 at 9:00 a.m.
, Cha
ATTEST:
STARLYN BROWN, Ac g Chief~~iriistrative Officer
and lerk of th ~oard of Supervisors
By : ~~. ~
Page 119
April 7, 1992