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BOARD OF SUPERVISORS
ED McLAUGHLIN, 4th District, Chair
V1VfAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd district
GOADON THOMAS, 5th District
A~9,',,199b
Call to order - Boazd of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx,
Thomas and Chair McLaughlin. Jahn S. Blacklock, Chief Administrative Officer;
Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Pastor Stephen J. Weber, First Presbyterian Church, Gridley not present.
96-101 Items removed from the Consent Agenda for Board consideration and action.
1. Transcription Services Agreement -proposed is a "sole source" acquisition
of transcription services with Safety Data Services, Inc., to provide services
for report dictation, generation, and preparation. The projected 12 month
cost is $70,000, representing the equivalent of two positrons and related
equipment, time, and materials costs -action requested -AUTHORIZE SOLE
SOURCE ACQUISITION OF TRANSCRIPTION SERVICES WITH
SAFETY DATA SERVICES, INC., AND AUTHORIZE THE CHIEF
PROBATION OFFICER TO EXECUTE A 12-MONTH CONTRACT,
SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE
AUDITOR-CONTROi T Flt ON A PER LINE RATE, AGGREGATE NOT
TO EXCEED $70,000. {FROM 3-2b-9b)
2. County Service Area No. 122 (Fire Suppression) -included among files of the
Clerk of the Board are Petitions/Protests Against Fire Assessment (both
timely and untimely), and letters of support for hearings before the Board at
its meetings in September, 1989. The assessment and formation of the CSA
were rejected by the voters in June, 1990 -action requested -AUTHORIZE
DESTRUCTION OF COUNTY SERVICE AREA NO. 122 (FIRE
SUPPRESSION) PETITIONS/PROTESTS AND CORRESPONDENCE
PURSUANT TO GOVERNMENT CODE SECTION 26202.
Page 101
Apri19, 1996
April 9, 1996
Consent A eg n~a
96-102 1. Approval of minutes -action requested -APPROVE 1VIINUTES OF
MARCH 14, 1996 AND MARCH 26, 1996.
2. Budget transfers -action requested -APPROVE BUDGET TRANSFERS
B-096 (BUII.DINGS AND GROUNDS), B-1SD (GENERAL LIABILITY
INSURANCE), B-1S2 (SHERIFF-CORONER), B-1SS (CSA NO. 15S),
AND B-1S6 (BUILDINGS AND GROUNDS).
3. Fire Department -the El Media Fire Department wishes to donate eight SMA
30 minute air bottles (serial nos. D46810, D46299, D34S93DG, D9S122DG,
D34138DG, D34S71DG, D45S28 and D48049) valued at $SOD each -action
requested -ACCEPT DONATIONS AND AUTHORIZE LETTER OF
APPRECIATION.
4. County Library donations - in accordance with Government Code Section
2S3SS, dons#ions of $2,3S9.S0 from Chico Friends of the Library have been
received for the Butte County Trust Fund for the purchase of books -action
requested -ACCEPT DONATIONS AND AUTHORIZE LETTER OF
APPRECIATION.
5. Tri-County Economic Development Corporation Loan Administration
Board -action requested -APPOINT LEE L. CLEMENTS TO FILL AN
UNEXPIRED TERM ENDING APRIL, 1997.
6. Conveyance of Development Rights and Open Area Easement (Homesite) -
pursuant to use permit no. 91-18, condition no. 2, Annabel C. Onstott,
Onstott Orchards, Inc., has executed a Conveyance of Development Rights
and Open Area Easement (Homesite) -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIlt TO SIGN.
7. Contract Change Order (CCO) No. 19 -Butte County Court Addition - CCO
No. 19, in an increasing amount not to exceed $31,244 and 14 additional
construction days, provides for the installation of a complete fire pump system
and modif cation of the completed main switch board. Funding is within the
project contingency budget -action requested -APPROVE CCO NO. 19
AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN.
8. State Board of Corrections -Amendment No. 10 -the amendment to contract
022-91 provides for close-out of the jail construction project and reduces the
contract amount by $11,804 to $7,934,642 -action requested -APPROVE
AMENDMENT TO CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN.
Page 102
Apri19, 199b
AA nil 9 1996
96-102 9. Department of Development Services, Building Division - Board
authorization is requested for the purchase of additional Random Access
Memory (RAM) to upgrade four computers purchased in 1993. Enhancement
will allow the Building Division to access information affecting the building
permit process through the Department's Geographical Information System
(GIS). Funding is in the maximum amount of $650 (Department budget) -
aetion requested -APPROVE PURCHASE OF FIXED ASSET ITEMS.
10. District Attorney -Board authorization is requested for the purchase of 94
Lockheed 486-66 personal computers with software and peripheral
equipment; one plotter; one presentation projector; one digital camera; and
one scanner in the maximum amount of $84,445.61 (Asset Forfeiture Trust
Fund) to complete the purchase of the Depaztment's Novell computer
network -action requested -APPROVE BUDGET TRANSFER B-139
ACCEPTING AND ALLOCATING UNANTICIPATED REVENUE AND
PURCHASE OF FIXED ASSET ITEMS.
11. Fire Department - Boazd authorization is requested for the purchase of four
self-contained breathing apparatus (SCBA) complete with mask and personal
alarm device, and eight self contained breathing apparatus cylinders for the
SCBA units plus four spares (in the maximum amount of $11,800}
(Department budget) for outfitting the new Nord Station No. 41 fire engine -
action requested -APPROVE BUDGET TRANSFER B-154 AND
PURCHASE OF FIXED ASSET ITEMS.
12. Award of bid no. 57-96 -General Services -bids have been received for the
purchase of a replacement mini cazgo van for the General Services Storeroom
for the courier service. The low bidder meeting specifications is Folsom Lake
Ford of Folsom in the amount of $16,503.93, including sales tax and
document fees -action requested -AWARD BID.
13. Adoption of a salary ordinance amendment -the County Clerk-Recorder
requests one term position of Data Entry Operator II be temporarily allocated
due to an extra help employee reaching a fiscal year maximum of 960 hours.
This extra help employee is working on a special project for the department
and is anticipated to complete the project by fiscal yeaz end -action
requested -ADOPT ORDINANCE 3256 AND AUTHORIZE THE CHALK.
TO SIGN. (FROM 3-26-96)
Page 103
April 9, 1996
Anri19, 1995
96-102 14. Adoption of a salary ordinance amendment converting extra help staffin the
Alcohol, Drug and Mental Health Services Department to term employees
(effective to June 30, 1996} pursuant to SB 53 (two positions of Account
Clerk and two positions of Office Assistant II, n to cover backlogged work
due to three regular help employees currently on fiulough. The $37,S6S funds
budgeted are from the 1994-95 Realignment Trust Fund -action requested -
ADOPT ORDINANCE 3257 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 3-26-95)
15. Adoption of a salary ordinance amendment increasing a 50% Probation
Officer II, I position to a full-time term position until June 30, 1996 or until
Office of Criminal Justice Planning funds are no longer available, and adding
one Probation Offlscer I term position (to expire June 30, 1996) funded
through the State Victim/Witness Assistance Program -action requested -
ADOPT ORDINANCE 3258 AND AUTHORIZE THE CHAIR TO SIGN.
{FROM 3-26-96)
15. Adoption of a salary ordinance amendment adding five term positions (to
December 31, 1996) in support of the State-County Property Tax
Administration Program (one position of Auditor-Appraiser II, I, and four
positions of Appraiser III, II, I or Appraisal Specialist). In addition to the
term positions, approval is requested to reallocate one position of Appraiser
III to be flexibly staffed as Senior Appraiser or Appraiser III, and four
positions of Assessment Clerk III, II to be flexibly staffed as Appraisal
Specialist or Assessment Clerk III, II -action requested -ADOPT
ORDINANCE 3259 IlVIPLEMENTING THE REQUESTED CHANGES
UPON STATE APPROVAL OF THE AGREEMENT. (FROM 3-2b-96)
17. Adoption of an ordinance amending Section 2-88 of Chapter 2, Article XII of
the Butte County Code entitled "Unclaimed Property in Possession of the
Sheriff' - action requested - ADOPT ORDINANCE 3260 AND
AUTHORIZE THE CHAIR TO SIGN. {FROM 3-26-96)
18. Adoption of an ordinance amending Section 2-92 of Chapter 2, Article XII of
the Butte County Code entitled "Unclaimed Property in Possession of the
Sheriff' - action requested - ADOPT ORDINANCE 3261 AND
AUTHORIZE THE CHAIlZ TO SIGN. {FROM 3-26-96)
Page 104
Apri19, 1996
Aril 9,,._1996,
96-102 19. Introduction of a salary ordinance amendment for the Probation Department
which flexibly staffs an Office Assistant II, I position to Legal Typist Clerk
or O1~ice Assistant IIi, II, i (funded by the Butte Anti-Drug Special
Surveillance [State] grant), and a term position to September 30, 1996 of
Probation Officer I {funded by the Office of Criminal Justice Planning and the
Chico Unfied School District) -action requested -WANE READING OF
THE ORDINANCE.
20. Resolution establishing the Butte County Management Council -the recent
addition of the Court Executive Officer for Consolidated Courts caused the
need for an amendment to the membership and a subsequent review of
department titles -action requested -ADOPT RESOLUTION 96-32 AND
AUTHORIZE THE CHAIR TO SIGN.
21. Resolution proclaiming the month of April, 199b as "Public Schools Month" -
action requested -ADOPT RESOLUTION 96-33 AND AUTHORIZE THE
CHAIR TO SIGN.
22. Approval of plans and specifications for construction of pavement overlays of
Skyway and Hamilton Nord Cana Highway, County Project No. AC-95-1 -
plans and specifications have been completed for the project -action
requested - APPROVAL OF PLANS AND SPECIFICATIONS;
AUTHORIZE CHAIR AND DIRECTOR TO SIGN PLANS; ADOPT
WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE
FOR BIDS.
23. Bancroft-Whitney -proposed is a contract for the purchase of a CD-ROM
Law Library to replace the District Attorney's current book-based library.
The annualized cost far the book-based library is $16,043, and for the CD-
ROM version $8,901.75 {Department budget). There is a net savings of
$7,141 -action requested -APPROVE CONTRACT AND AUTHORIZE
THE DISTRICT ATTORNEY TO SIGN ON BEHALF OF THE COUNTY.
24. 1995-96 Cooperative Fire Protection agreement (no. 2CA51239} -California
Department of Forestry and Fire Protection -the proposed agreement with
the County covers the period July 1, 1995 through June 30, 1996 in the
maximum amount of $4,785,748 (GENERAL FUND) -action requested -
ADOPT RESOLUTION 96-34 APPROVING THE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 105
Apri19, 1996
ArJril 9. 1996
96-102 25. State Department of Alcohol and Drug Programs (ADP} - 1995-96 County
Alcohol, Drug and Mental Health Services' Drug/Medi-Cal Proposal -under
terms of the agreement, the County can bill Federal Drug/Medi-Cal for
eligible services rendered to eligible clients and capture Federal Medi-Cal
dollars and free up currently budgeted non-Federal (State) dollazs for use in
other areas of service delivery. Currently anticipated revenue from this
agreement is $217,607 for the period of July 1, 1995 through June 30, 1996 -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
26. Parent Education Network (PEN) -Chico Juvenile Crone Prevention Project -
First Offenders -the First Offender Family Preservation Program is a three
year grant program that pools the capabilities of the County's Alcohol, Drug
and Mental Health Services, Youth Services Unit's Chico Community
Counseling Center, PEN, Chico Unified School District's School Attendance
Program, the Chico Police Department and the County's Office of Probation.
to keep at-risk children and families intact, healthy, and effectively diverted
from further criminal activity. Proposed is a revenue agreement wherein the
County will receive, under this initial agreement, a maximum of $88,875
(100% STATE) for the term of March 15, 1996 through June 30, 1996 -
actian requested:
A. APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND
B. Introduction of a salary ordinance amendment adding two positions
of Mental Health Clinician II, T to Alcohol, Drug and Mental Health
Services as part of the First Offender Family Preservation Program -
action requested - WAIVE READING OF THE ORDINANCE.
27. Unemployment insurance carrier contract -County Personnel Administrators
Association of California (CPAAC) recently notified all counties that
membership had voted to change the third party administrator for handling
unemployment services under the CPAAC unemployment consortium to the
Gibbens Company commencing May 1, 1996 at a rate of $.70 per full time
equivalent employee {current ratel$.76 per foil time equivalent employee}.
The lower rate will remain in effect to Apri130, 1999 -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
THE AGREEMENT AND LETTER OF AUTHORi,ZATION SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDZTOR-
CONTROLLER.
Page lOb
Apri19, 1996
Apri19, 1996
96-102 28. 1995-96 Master Grant Agreement No. 95-22666A3 -the State Department
of Health Services provides 100% State funding for AIDS related education,
counseling and testing activities in Butte County. Under the terms of this
amendment, the State will make available an additions[ $5,000 in funding for
use with the HTV Testing Program. The total amount of State funds available
for 1995-96 has been increased to $281,058 -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH
AMENDMENT OF ITEM 3.19, AND REMOVAL OF ITEMS 3.28
AND 3.30.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Regular Agenda
96-103 Presentation by Chair McLaughlin of Resolution 96-33 proclaiming the month of
April, 1996 as "Public Schools Month" to Orman T. Stone, Jr., Senior Wazden, Table
Mountain Lodge 124, Masonic Fraternity.
96-104 Items removed from the Consent Agenda for Board consideration and action.
Transcription Services Agreement -proposed is a "sole source" acquisition
of transcription services with Safety Data Services, Inc., to provide services
for report dictation, generation, and preparation. The projected 12 month
cost is $70,000, representing the equivalent of two positions and related
equipment, time, and materials costs -action requested -AUTHORIZE SOLE
SOURCE ACQUISITION OF TRANSCRIPTION SERVICES WITH
SAFETY DATA SERVICES, INC., AND AUTHORIZE THE CHIEF
PROBATION OFFICER TO EXECUTE A 12-MONTH CONTRACT,
SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE
AUDITOR-CONTROi.t.FR ON A PER LINE RATE, AGGREGATE NOT
TO EXCEED $70,000. (FROM 3-26-9b) (120) (CONTINUED UNTIL
LATER IN MEETING/REFER TO MINUTE ORDER NO. 96-110)
96-105 Appointments -commissions and committees.
A. Appointments to committee vacancies. (NONE)
Page 107
Apri19, 1996
Anri19. 1996
96-106 Update on Sacramento legislative and budget activities. (130) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON THE
CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) LEGISLATIVE
CONFERENCE IN SACRAMENTO ON MARCH 28, 1996, AND THE MEETING
HE AND SUPERVISOR HOUR ATTENDED ON APRII. 4, 1996 WITH SANDRA
SMOLEY, SECRETARY, HEALTH AND WELFARE AGENCY, ELOISE
ANDERSON, DIRECTOR STATE SOCIAL SERVICES DEPARTMENT,
VICTORIA BRADSHAW, DIRECTOR, EMPLOYMENT DEVELOPMENT
DEPARTMENT, AND CAROL . WHITESIDE, DIRECTOR OF
INTERCO AL AFFAIRS FOR THE GOVERNOR' S OFFICE ON THE
GOVERNOR'S PROPOSED WELFARE REFORM INITIATIVE}
96-107 Presentation on the CALFED Bay-Delta Program -action requested -ACCEPT FOR
INFORMATION. (230) (PRESENTATION BY LANCE TENNIS, CHAIR,
BUTTE COUNTY WATER COMMISSION, BILL BABER, ATTORNEY AT
LAW, GARY BROWN, MANAGER, WESTERN CANAL WATER DISTRICT,
AND GENE HARRIS, DIRECTOR, RICHVALE IRRIGATION DISTRICT}
96-108 Presentation of Manpower Demonstration Research Corporation's five-year study of
California's Greater Avenues for Independence (GAIN) Program -action requested.-
ACCEPT FOR INFORMATION. (PRESENTATION BY TEFF FONTANA, GAIN
PROGRAM MANAGER, WELFARE DEPARTMENT)
Public Hearings and Timed Items
96-109 Continued hearing -Amendment 13 to Water Supply Contract between County of
Butte and California Department of Water Resources (the "Monterey Agreement") -
consideration of the Final Environmental Impact Report (FEIlZ} for implementation
of the Monterey Agreement Statement of Principles by the State Water Contractors
and the State of California Department of Water Resources for potential amendments
to the State water supply contracts -action requested -ADOPTION OF A
RESOLUTION ADOPTING FINDINGS AND A MITIGATION MONITORING
PROGRAM, APPROVING THE MONTEREY AGREEMENT, AND
AUTHORIZING THE CHAIR OF THE BOARD TO EXECUTE SAID
AGREEMENT. {COUNTY COUNSEL/FROM 2-13-96) (1995} (i~ARING
OPENED AND CONTIIWED OPEN TO TUESDAY, NNE 11, 1996 AT
10:00 A.M.)
Page 108
April 9, 1996
April 9, 1996
Regular Agenda
96-110 Items removed from the Consent Agenda for Board consideration and action.
1. Transcription Services Agreement -proposed is a "sole source" acquisition
of transcription services with Safety Data Services, Inc., to provide services
for report dictation, generation, and preparation. The projected 12 month
cost is $70,000, representing the equivalent of two positions and related
equipment, time, and materials costs -action requested -AUTHORIZE SOLE
SOURCE ACQUISITION OF TRANSCRIPTION SERVICES WITH
SAFETY DATA SERVICES, INC., AND AUTHORIZE THE CHIEF
PROBATION OFFICER TO EXECUTE A 12-MONTH CONTRACT,
SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER, ON A PER LINE RATE, AGGREGATE NOT
TO EXCEED $70,000. (FROM 3-26-96) (2708)
MOTION: I MOVE TO AUTHORIZE SOLE SOURCE ACQUISITION OF
TRANSCRIPTION SERVICES WITH SAFETY DATA SERVICES,
INC., AND AUTHORIZE THE CHIEF PROBATION OFFICER TO
EXECUTE A 12-MONTH CONTRACT, SUBJECT TO
APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-
CONTROT .~ .FR ON A PER LINE RATE, AGGREGATE NOT TO
EXCEED $70,000.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (LTnanimausly Carved)
2. County Service Area No. 122 (Fire Suppression) -included among files of the
Clerk of the Board are PetitionslProtests Against Fire Assessment (both
timely and untimely}, and letters of support for hearings before the Board at
its meetings in September, 1989. The assessment and formation of the CSA
were rejected by the voters in June, 1990 -action requested -AUTHORIZE
DESTRUCTION OF COUNTY SERVICE AREA NO. 122 (FIRE
SUPPRESSION) PETITIONS/PROTESTS AND CORRESPONDENCE
PURSUANT TO GO CODE SECTION 26202. (NO ACTION
TAKEN)
Page 109
April 9, 1996
April 9, 1996
95-111 Public Comment. (PRESENTATIONS WILL BE LIIVIITED 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,) (2850) (**40}
1. Charlene Martin, Oroville - observations by 4-Hers attending recent Board
meetings, and a thank you to the Board for its support.
2. Waunetta Larson, Paradise -dishonest practices of conservators. (THE
BOARD CHAIR TO ' SEND A LETTER TO THE GRAND 3URY
REGARDING THIS ISSUE}
RECESS: 10:45 A.M.
RECONVENE: 11:00 A.M.
Regular Agenda
96-112 Staff analysis on proposed land use initiative -action requested:
A. ACCEPT STAFF ANALYSIS; AND
B. DIRECT STAFF TO PREPARE A RESOLUTION TO PLACE THE
INITIATIVE ORDINANCE ON THE NOVEMBER 1995 BALLOT; OR
C. ADOPT THE INITIATNE ORDINANCE WITHOUT CHANGE. (250}
MOTION: I MOVE TO ACCEPT STAFF ANALYSIS, AND DIRECT STAFF
TO PREPARE A RESOLUTION TO PLACE THE Il~TITIATIVE
ORDINANCE ON THE NOVEMBER 1996 BALLOT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Page 110
Apri19, 1995
Anri19. 199b
96-113 Consideration of a request for Board interpretation pursuant to Butte County Zoning
Ordinance, Article II, General Zoning Regulations and Procedures, Section 24-20(D)
of outdoor storage with mini-storage in a C-1 zone -action requested -BOARD
INTERPRETATION THAT MINI-STORAGE USE INCLUDE OUTDOOR
STORAGE SO LONG AS THE FOLLOWING SPECIFIC CRITERIA ARE MET:
A. OUTSIDE STORAGE IS INCIDENTAL TO THE MINT-STORAGE USE:
NO MORE THAN 25% OF THE OUTDOOR AREA MAY CONSIST OF
OUTSIDE STORAGE;
B. OUTSIDE STORAGE SHALL BE LOCATED OUT OF PUBLIC VIEW;
AND
C. THE OUTSIDE STORAGE AREA SHALL BE ENCLOSED BEHIND A
SITE-OBSCURING SOLID WALL OR FENCE, WITH A MINMTM
EIGHT (8) FEET WALL; CHAIN-LINK FENCING WITH SLATS OR
PLASTIC MESHING IS NOT ACCEPTABLE. (DEVELOPMENT
SERVICESIFROM 1-9-9b) (750)
MOTION: I MOVE THAT MIl~TI-STORAGE USE INCLUDE OUTDOOR
STORAGE SO LONG AS THE FOLLOWING SPECIFIC
CRITERIA ARE MET: A OUTSIDE STORAGE IS INCIDENTAL
TO THE MINT-STORAGE USE: NO MORE THAN 25% OF THE
OUTDOOR AREA MAY CONSIST OF OUTSIDE STORAGE;
B. OUTSIDE STORAGE SHALL BE LOCATED OUT OF PUBLIC
VIEW; AND C. THE OUTSIDE STORAGE AREA SHALL BE
ENCLOSED BEHIND ASITE-OBSCURING SOLID WALL OR
FENCE, WITH A MINIIvICTM EIGHT (8) FEET WALL; CHAIN-
LINKFENCING WITH SLATS OR PLASTIC MESHING IS NOT
ACCEPTABLE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
Page 111
Apri19, 1996
AU.1996
96-114 Consideration of a late appeal pursuant to Butte County Cade Section 20-66(c} -
NorthStar Engineering on behalf of Scott Erickson, appeals condition no. 4 (Verify
legal access to parcel(s) from a publicly maintained road.); condition no. 5 (,Provide
two-way traversable access to each parcel from a county maintained road or state
highway. Lnprove pazcel frontage to RS $- LD-II and access road to pazcel being
divided to RS-8 LD-I.}; and condition no. 13 (Meet the requirements of the Butte
County Fire Department.) on the Scott Erickson, tentative pazcel map {item for which
negative declaration with environmental mitigations has been recommended), AP 065-
050-028, three parcels, property located at the end of Shadow Wood Lane, North of
Steiffer Road, Magalia -action requested:
A. DENY 'TIS REQUEST, OR
B. AUTHORIZE THE LATE APPEAL FINDING THAT IT HAS BEEN LESS
THAN ONE YEAR SINCE THE APPROVAL OF THE MAP; THE
PROPOSED CHANGE IN THE CONDITIONS WILL NOT ADVERSELY
AFFECT OR CAUSE A MODIFICATION OF THE FINDINGS AND
DETERMINATIONS MADE IN THE ENVIRONMENTAL REVIEW
PROCESS; THE PROPOSED CHANGE IN THE CONDITION(S) WILL
NOT BRING ABOUT AN INCONSISTENCY TO THE GENERAL PLAN,
OR TO THE ZONE OR TO ANY SPECIFIC PLANS FOR THE
PROPERTY IN QUESTION; THE FACTS ARE PRESENTED GIVING
GOOD AND SUFFICIENT REASON WHY THE CONDITION(S) IN
QUESTION WERE NOT APPEALED WITHIN THE TEN-DAY PERIOD;
THE PARCEL MAP OR FINAL MAP HAS NOT BEEN RECORDED;
AND DIRECT THE CLERK OF THE BOARD TO SET THE MATTER
FOR PUBLIC HEARING ON APRIL 23, 1996 AT 10:30 A.M. {831)
MOTION: I MOVE TO AUTHORIZE THE LATE APPEAL FINDING THAT
IT HAS BEEN LESS THAN ONE YEAR SINCE THE APPROVAL
OF THE MAP; THE PROPOSED CHANGE IN THE
CONDITIONS WILL NOT ADVERSELY AFFECT OR CAUSE A
MODIFICATION OF THE FINDINGS AND DETERNIlNATIONS
MADE IN THE ENVIRONMENTAL REVIEW PROCESS; THE
PROPOSED CHANGE IN THE CONDITION{S} WILL NOT
BRING ABOUT AN INCONSISTENCY TO THE GENERAL
PLAN, OR TO THE ZONE OR TO ANY SPECIFIC PLANS FOR
THE PROPERTY IN QUESTION; THE FACTS ARE PRESENTED
GIVING GOOD AND SUFFICIENT REASON WHY THE
CONDITION{S) IN QUESTION WERE NOT APPEALED
WITHIN TIC TEN-DAY PERIOD; THE PARCEL MAP OR
FINAL MAP HAS NOT BEEN RECORDED; AND DIRECT THE
CLERK OF THE BOARD TO SET THE MATTER FOR PUBLIC
HEARING ON APRII, 23, 1996 AT 10:30 A.M.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y S Y {Unanimously Carried)
Page 112
Apri19, 1996
April 9. 1996
96-115 CLOSED SESSION: The Board recessed at 11:25 a.m, to a closed session
conference with legal counsel far actual litigation pursuant to
Government Cade Section 54954.9{a) (Hamilton v. County of
Butte, Wagenseller v. County of Butte, Corby v. County of
Butte, and Turner v. Butte County, et al.), and a conference
with labor negotiator pursuant to Government Code Section
54957.6 (Agency Negotiator: Director-Personnel; Employee
Organization: Communication Workers of America [CWAj.)
RECONVENE: The Board reconvened at 12:25 p.m, following a closed
session conference with legal counsel for actual litigation
pursuant to Government Gode Section 54956.9(a) (Hamilton
v. County ofButte, Wagenseller v. County ofButte, Corby v.
County ofButte, and Turner v. Butte County, et al.), and a
conference with labor negotiator pursuant to Government
Code Section 54957.6 (Agency Negotiator: D i 'rector -
Personnel; Employee Organization: C o m m u n i c a t i o n
Workers of America [CWA].) (NO ANNOUNCEMENTS)
Communications
96-116 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN TIIE CLERK OF THE BOARD OFFICE)
A. Thomas C. Caruso, et al. -submit to the Board petitions to the Public Works
Department "to repave and fix the intersection of the South Park Drive and
Skyway in Paradise Pines." (REFER TO CHIEF ADMINISTRATIVE
OFFICER AND DIRECTOR PUBLIC WORKS}
B. Mark J. Madrid, Forest Supervisor, Plumas National Forest -the Forest
Service, as administers of the Small Business Timber Sale Set-Aside Program,
forwards Notice of Extension of Comment Period to April 15, 1996 for
review and comment on the proposed small business share for the next five
year period. (REFER TO COUNTY COUNSEL AND DIRECTOR-
DEVELOPMENT SERVICES}
C. Elaine K. Kaiser, Chief, Section of Environmental Analysis, Surface
Transportation Board, Washington, D.C. -notifies the Board that the
Environmental Assessment (EA}being prepared by their Board's Section of
Environmental Analysis as part of its review of the control and merger
application filed on November 30, 1995 by the Union Pacific and Southern
Pacific Railroads will be issued in mid-April 1996 and distributed fora 20 day
public review and comment period. (REFER TO COUNTY COUNSEL
AND DIRECTOR-DEVELOPMENT SERVICES)
Page 113 Apri19, 1996
Anri19, 1996
96-116 D. Marie McLean, Project Manager, State Department of water Resources -
writesthat then Office is in the process of preparing annotated versions of the
29 long-term water supply contacts. To ensure accurate and complete
information about each contractor, they are attaching a table containing
information for County review. {REFER TO COUNTY COUNSEL AND
BUTTE couNTY WATER corvnvllsSloN}
E. Ron Fry, President, Paradise Rod & Gun Club -requests that
our Board agree to waive the Club's Use Permit Application fee of $1,250
(far the proposed new Paradise Rod & Gun Club range} because of the public
safety need of a new shooting range. {REFER TO CHIEF
ADMINISTRATIVE OFFICER)
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 12:25 p.m. to reconvene on Tuesday,
April 23, 1996 at 9:00 a.m.
By: / .
ED McLAUGHLIN,
ATTEST:
yOHN S. BLACKI.,OCK, Chief Administrative Officer
and Clerk of the Bo of Supervisors
By:
Page 114
VICE CI~AIR
Apri19, 1996