HomeMy WebLinkAboutM082995Au_u,.ust 29. 1995
Call to order -Board of Supervisors room, County Administration Building, 25
County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx,
Thomas and Chair McLaughlin. John S. Blacklock, Chief Administrative Officer;
Susan Mmasian, County Counsel; and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Pastor Tom Mount, Valley Community Church of God, Chico.
9S-23S Items removed from the Consent Agenda for Board consideration and action.
1. Adoption of a salary ordinance amendment adding one temporary allocated
position of Grounds Maintenance Worker due to a long-term medical
(workers' compensation) leave of absence. The Personnel Rules Limit the
number of hows an extra help employee can work to a maximum of 960
hours. The request is to allocate one temporary position until such time as the
status of the employee's workers' compensation claim is settled. At that time,
the Personnel Department will request the Board eliminate the temporary
allocated position -action requested -ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 8-1S-9S)
95-236 Consent Agenda
1. Approval of minutes -action requested -APPROVE MINiJTES OF
AUGUST 1 S, 1995.
2. County Library donations - in accordance with Government Code Section
25355, donations of 51,601.07 from Oroville Friends of the Library and
Quota Club of OroviUe, 5650 from Oroville Friends of the Library, and
53,000 from Betty McAdams, Oroville have been received for the Butte
County Trust Fund for the purchase of books -action requested- ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Page 247
August 29, I99S
August 29. 1995
95-236 3. Assessment Appeals Board -action requested -REAPPOINT DAVID B.
JOHNSON (ALTERNATE) TO A TERM TO EXPIRE SEPTEMBER 7,
1998.
4. Butte County Animal Conh of Advisory Board -action requested -APPOINT
SUE BERNARD (BIDWELL WII.DLIFE REHABILITATION CENTER).
5. Private Industry Council -action requested -REAPPOINT BARRIE L.
DYER (COMMUNITY BASED ORGANIZATION) TO A TERM TO
EXPIRE JUNE 14, 1998.
6. Jerrold C. Furr, Chico - files a claim in the amount of S150,000 for alleged
excessive force, negligence of offender's rights, and punitive Countydamages
as a result of alleged actions by the Sheriff s Department on or about May 24,
1995 -action requested -REJECT CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGER
7. Sheriff-Coroner -surplus patrol vehicles -the Sheriff proposes the trade in
of eight 1989 Chevrolet patrol vehicles with as average mileage in excess of
110,000 to equip newer vehicles with updated emergency equipment. The
trade-in value of these vehicles will be used to offset the estimated 52,500 per
vehicle purchase cost of new emergency equipment and setup costs
('installation and striping) -action requested -DECLARE SURPLUS EIGHT
1989 CHEVROLET PATROL CARS WITH ATTACHED EMERGENCY
EQUIPMENT AND AUTHORIZE USE OF TRADE IN PROCEEDS TO
OFFSET ACQUISITION AND INSTALLATION COSTS OF
EMERGENCY EQUIPMENT ON NEWER PATROL VEHICLES.
8. Reclamation District No. 833 -the District has requested the approval of the
Board of Supervisors concerning the matter of bi-annual audits for the
District. The Auditor-Controller concurs with the District's request in
conformance with Government Code Section 26909 -action requested -
ADOPT RESOLUTION 95-112 APPROVING REQUEST OF
RECLAMATION DISTRICT N0.833 TO CONDUCT DISTRICT AUDITS
ON A BI-ANNUAL BASIS AND AUTHORIZE THE CHAIR TO SIGN.
9. Conneriy & Associates, Inc. -proposed is a contract amendment the
administration of Community Development Block Grant (CDBG} program
income extend'u~g the term thereof to lone 30, 1996 at last year's fee level of
$1,200 per month, for a total charge of S 14,400 -action requested -
APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN.
Page 248
August 29, 1995
Auctust 29. 1995
95-236 10. Notice of completion for pavement overlays of various Butte County roads,
County contract no. AC-94-3 -all contract work has been completed in
accordance with the plans and specifications -action requested -ACCEPT
CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE
OF COMPLETION; AND AUTHORIZE THE FII.ING OF THE NOTICE
OF COMPLETION.
11. Approval of plans and specifications for traffic signal installation at the
irrtersection of Skyway and South Park Drive, County Project No. 51261-92-
1 -plans and specifications have been completed for the project -action
requested -APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE
CHAIR AND DIRECTOR-PUBLIC WORKS TO SIGN PLANS; ADOPT
WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE
FOR BIDS.
12. Republic Gold, Inc. -proposed is a memorandum of understanding under
which Republic Gold will implement an "Interim Clean Up and Abatement
Work Plan" (Plan) for Carr Mine. The present owners of the mine have been
found in violation of their permit with regard to site reclamation and the mine
is not in operation. Republic Gold has agreed to perform interim site
stabilization in accordance with the Plan, in order to evaluate the viability of
reopening the mine for commercial operation -action requested -APPROVE
RELEASE FROM THE S25,000 RECLAMATION DEPOSIT OF A
1`~LPOQMiJM OF S5,000 FOR MONITORING SERVICES AND A
MAJ~MUM OF 510,000 ON A MATCHING BASIS FOR INTERIM SITE
STABILIZATION, AND BUDGET TRANSFER B-006 (515,000 OF
UNANTICIPATED REVENUE FROM THE S25,000 RECLAMATION
DEPOSIT, FAITI~'UL PERFORMANCE TRUST FUND 1001 TO
DEVELOPMENT SERVICES-PLANNING DIVISION BUDGET.) (FROM
8-15-95)
13. Voice mail services -master agreement - a master form of agreement has been
prepared for use when extending recently acquired voice mail services to
other governmental and non-profit organizations presently utilizing the
Oroville Centrex system. The basic rate of service is SS.00 per telephone per
month, plus other actual costs for specific services requested -action
requested -APPROVE MASTER AGREEMENT AND AUTHORIZE THE
GENERAL SERVICES DIRECTOR TO EXECUTE THE AGREEMENT
ON BEHALF OF THE COUNTY SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 249
August 29, 1995
95-236 14. State Department of Mental Health -proposed is a grant application or
528,313 in continuing Stewart McKinney PATH grant funds to continue the
Homeless Representative Payee Program. These funds will allow Butte
County Mental Heathh and Alcohol and Drug Services to continue
representative payee services to identified and approved homeless mentally ill
clients, or cliesrts at risk of being homeless due to an inability to manage their
own funds -action requested -APPROVE GRANT APPLICATION AND
AUTHORIZE THE CHAIR TO SIGN.
15. 1995-96 Substance Abuse and Mental Health Services Administration
(SAMIlSA) Block Grant -proposed is an application for participation in the
SAMHSA Program (AB 2476 and SB 463), which provides S136,244 in
firnding for integrated services to severely mentally ill adults and older adults
with systems of care that are client centered, culturally competent and fully
accountable - action requested -APPROVE APPLICATION AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER
16. County of Siskiyou -proposed is a contract wherein Siskryou County
contracts with Butte County Mental Health and Alcohol and Drug Services
to provide "Acute Psychiatric Inpatient" care to residents of Sisidyou County
who are referred to Butte County for service. The term of the contract is
July 1, 1995 through June 30, 1996 in the maximum amount of 58,000 -
action requested -APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER
17. Butte College -Community Services Federal Work-Study Program -
proposed is an agreement on a newly obtained Federally funded program to
allow work-study college interns to work in any County Department for up
to a maximum of 20 hours per week at no cost to the County. Length of the
work assignment is dependent upon the availability of Federal funds to Butte
College. The agreement shall remain in effect until terminated on a thirty day
written notice by either party -action requested -APPROVE AGP:IrENlENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL.
Page 250
August 29, 1995
August 29. 1995
95-236 18. 1995-96 Butte County Yctim/VV'itness Assistance Program -the Chief
Probation Officer requests Board approval for continued grant funding of
597,615 (100'/o State) of the Butte County Ytness Assistance
Program by the State Board of Control -action requested -ADOPT
RESOLUTION 95-113 APPROVING APPLICATION AND
AUTHORIZING THE CHIEF PROBATION OFFICER TO EXECUTE
A S (IIJCLUDING ANY EX'I~I+ISIONS OR AMENDMENTS
THEREOF) FOR THE JOINT POWERS MONEY WITH THE STATE
BOARD OF CONTROL FOR THE VICTDVIWVITNESS ASSISTANCE
PROGRAM ON BEHALF OF THE COUNTY, AND AUTHORIZE THE
CHAIR TO SIGN.
19. 1995-96 Butte County Victim/VVitness Program -the Chief Probation Officer
requests Board approval for continued grant funding of 5111,563 (100%
State) of the Butte County vtness Program administered by the
Office of Criminal Justice Planning (OCJP) -action requested -ADOPT
RESOLUTION 95-114 APPROVING APPLICATION AND
AUTHORIZING THE CHIEF PROBATION OFFICER TO EXECUTE
THE CONTRACT FOR VICTIMIWITNESS ASSISTANCE CENTER
PURPOSES (II~ICLUDING ANY EXTENSION OR AMENDMENTS
THEREOF) ON BEHALF OF THE COUNTY, AND AUTHORIZE THE
CHA1R TO SIGN.
20. Neal Road Landfill -the Neal Road Landfill Company, the landfill operator,
has submitted a proposal to prepare the grading and excavation plans for the
projected second septage pond (on the 24 acre parcel adjacent to the existing
landfill acquired by the County in 1992) at no cost to the County. Upon
approval of the pleas, the operator will begin to excavate the new pond and
use the soil as needed for landfill operations. It is estimated that this new soil
sowce will be available for up to two additional years of landfill operations,
and upon completion of the pond excavation, the County will complete the
plans and construction for the new septage pond -action requested -
APPROVE LETTER PROPOSAL AN AUTHORIZE PUBLIC WORKS TO
DIRECT NEAL ROAD LANDFILL COMPANY TO PROCEED WITH
THE WORK.
Page 251
August 29, 1995
Austust 29. 1995
95-236 21. Neal Road Landfill -the Neal Road Landfill Company, the landfill operator,
has prepared a letter proposal to implement the recommendations of the
Corrective Action Plan and to assist the departrnent in effecting the interim
cover installation Proposed is the first phase of the interim cover installation
project, under wlrich the Company's will prepare the installation plan
for submittal to regulatory agencies and will include identification of cover,
drainage improvements and grading requirements, estimates of material
quantities, project specifications, estimates of labor and equipment needs and
a construction cost estimate -action requested -APPROVE LETTER
PROPOSAL AND AUTHORIZE PUBLIC WORKS TO DIRECT NEAL
ROAD LANDFILL COMPANY TO PROCEID WITH THE WORK, AT A
COST NOT TO EXCEID 56,500 (NEAL ROAD LANDFILL
MANAGEMENT FUND) WITHOUT PRIOR PUBLIC WORKS
APPROVAL.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.10.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Rte, r~Agenda
95-237 Items removed from the Consent Agenda for Board consideration and action.
Adoption of a salary ordinance aineadrnent adding one temporary allocated
position of Grounds Maintenance Worker due to a long-term medical
(workers' compensation) leave of absence. The Personnel Rules limit the
number of hours an extra help employee can work to a maximum of 960
hours. The request is to allocate one temporary position until such time as the
status of the employee's workers' compensation claim is settled. At that time,
the Personnel Department will request the Board eliminate the temporary
allocated position -action requested -ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 8-15-95)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE
AMENDID TO REFLECT A SPECIFIC LIMITED TERM
(MARCH 1, 1996) FOR THE POSITION.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 252
August 29, 1995
August 29. 1995
95-238 Introduction ofDaniel J. Lang, new Chief, Butte Ranger Unit, California Division of
Forestry (CDF).
95-239 Appointments -commissions and committees.
A Appointments to committee vacancies. (NONE)
95-240 Proposed early closure of Sawmill Peak Observation Station in the Paradise'/Magalia
area by the State Department of Forestry and Firc Protection.
MOTION: I MOVE THAT THERE IS A NEED TO TAKE IIvIlvTEDIATE
ACTION ON THE PROPOSED EARLY CLOSURE, AND THAT
THE NEID FOR ACTION CAME TO THE ATTEN'T'ION OF THE
BOARD SUBSEQUENT TO THE AGENDA BEING POSTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved)
MOTION: I MOVE THAT THE CHAIR, ON BEHALF OF THE BOARD,
SEND A STRONGLY WORDED LETTER TO THE STATE
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
EXPRESSING THE BOARD'S CONCERN AND DISPLEASURE
OVER THE PROPOSED EARLY CLOSURE OF SAWMILT, PEAK
OBSERVATION STATION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-241 CLOSED SESSION: The Board rece,~.sed at 9:23 a.m. to a closed session
conference with legal counsel on matters of actual litigation
pursuant to Government Code Section 54956.9(a) (GREEN
ROCK QUARRIES, INC. V. COUNTY OF BUTTE);
potential litigation pursuant to Government Code Section
54956.9(b) (ONE POTENTIAL MATTER); and potential
litigation pursuant to Government Code Section 54956.9(c)
(ONE POTENTIAL MATTER).
Page 253
August 29, 1995
Must 29. 1995
95-241 RECOTfVENE: The Board reconvened at 10:30 am. following a closed
session confereace with legal coungd on matters of actual
litigation pursuant to Government Code Section 54956.9(a)
(GREEN ROCK QUARRIES, INC. V. COUNTY OF
BUTTE); potential litigation pursuant to Government Code
Section 54956.9(b) (ONE POTENTIAL MATTER); and
potential litigation pursuant to Government Code Section
54956.9(c) (ONE POTENTIAL MATTER) (REFER TO
MINUTE ORDER NO. 95-250). (NO
ANNOUNCEMENTS)
Public Hearings and Timed Items
95-242 Continued hearing -Conservation Flernes~t -consideration of a request to amend the
Conservation Element of the Butte County General Plan (determined to be
categorically exempt from environmental review) to add mineral resource policies in
compliance with the Surface Haring and Reclamation Act of 1979 (SMARA). These
mining polices are in general compliance with standards that have been applied by the
County for all mining activities and permits to mine. (DEVELOPMENT
SERVICESIFROM 7-25-95) (585) (HEARING OPENED AND COI`1TINUED
OPEN TO SEPTEMBER 12, 1995 AT 11:00 AM.)
95-243 Continued hearing - 1995-96 Butte County Final Budget -action requested:
A CLOSE HEARING AND ADOPT RESOLUTION ADOPTING 1995-96
BUTTE COUNTY FINAL BUDGET AND AUTHORIZE THE CHAIIt TO
SIGN. (ADMINISTRATIONIFROM 8-15-95)
SPECIAL NOTE: Persons wishing to offer testimony for Board of Supervisors
consideration during the final budget public hearing should
take note of California Government Code Section 19088
which states in part....."increases or additions (to the proposed
budget) shall not be made after the public hearing, unless the
items were proposed in writing and filed with the clerk of the
board before the close of the public hearing."
(ADMINISTRATION)
B. Introduction of the fiscal year 1995-96 final budget salary ordinance and
position allocation -the proposed ordinance incorporates the allocated
position control changes reflected in the final budget -action requested -
WAIVE READING OF THE ORDINANCE. (837)
Page 254
August 29, 1995
August 29. 1995
95-243 MOTION: I MOVE TO CLOSE THE HEARING, AND ADOPT
RESOLUTION 95-115 ADOPTING 1995-96 BUTTE COUNTY
FINAL BUDGET AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE, AS
AMENDED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
R ar ~s,enda
95-244 Update on Sacramento legislative and budget activities. (1026) (JOHN S.
BLACIQ.OCK, CHIEF ADMIIJISTRATTVE OFFICER, INCLUDID COMMENTS
ON TRAII.ER BII1.S AND SB 124 (LESLIE) IN HIS OPENING R.EMARICS ON
THE ADOPTION OF THE FINAL BUDGET)
95-245 CLOSID SESSION: The Board recessed at 10:45 a.m. to a closed session
conference with labor negotiator (AGENCY NEGOTIATOR:
DIRECTOR-PERSONNEL) pursuant to Government Code
Secxion 54957.6 (EMPLOYEE ORGANIZATIONS: BUTTE
COUNTY EMPLOYEES ASSOCIATION; BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION;
SOCIAL SERVICES WORKERS UNIT; AND BUTTE
COUNTY LAW ENFORCEMENT OFFICERS
ASSOCIATION (GENERAL UNIT AND MANAGEMENT-
SUPERVISORY UNIT).
RECOI\fVENE: The Board reconvened at 11:15 a.m. following a closed
session conference with labor negotiator (AGENCY
NEGOTIATOR: DIRECTOR-PERSONNEL) pursuant to
Government Code Section 54957.6 (EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION; BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION; SOCIAL SERVICES
WORKERS UNIT; AND BUTTE COUNTY LAW
ENFORCIIv1ENT OFFICERS ASSOCIATION (GENERAL
UNIT AND MANAGEMENT-SUPERVISORY UNIT).
(NO ANNOUNCEMENTS)
Page 255
August 29, 1995
August 29. 1995
Public HearinQS and Timed Items
95-246 Public hearing -County Service Area (CSA) No. 164 (Butte County Animal Control
District) -the type of extended service to be provided within said area is animal
control services not provided to the same extent on a county wide basis both within
and without cities -action requested:
A ADOPT RESOLUTION ESTABLISHING CSA NO. 164 (BUTTE
COUNTY ANIMAL CONTROL DISTRICT) AND AUTHORIZE THE
CHAIR TO SIGN; AND (FROM 7-25-95)
B. ADOPT RESOLUTION OF IIJTENTTON REGARDING FEES AND
EXEMPTIONS WITHIN CSA NO. 164 (BUTTE COUNTY ANIMAL
CONTROL DISTRICT).
MOTION: I MOVE TO A ADOPT RESOLUTION 95-116 ESTABLISHING
CSA NO. 164 (BUTTE COUNTY ANIMAL CONTROL
DISTRICT) AND AUTHORIZE THE CHAIR TO SIGN; AND
B. ADOPT RESOLUTION 95-117 OF Il~1'TENT'ION REGARDING
FEES AND EXEMPTIONS WITHIIJ CSA NO. 164 (BUTTE
COUNTY ANIMAL CONTROL DISTRICT) AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Reg 11~ar Agenda
95-247 Consideration of the implementation of animal control services in Chapman-Mulberry
area in cooperation with the City of Chico:
A ACCEPT RECOMMENDATION OF ANIMAL CONTROL ADVISORY
BOARD TO IMPLEMENT ANIMAL CONTROL SERVICES IN
CHAPMAN-MULBERRY AREA;
B. APPROVE COOPERATIVE AGREEMENT BETWEEN COUNTY AND
CITY OF CHICO TO PROVIDE FOR Il4IPLEMENTATION OF ANIMAL
CONTROL IN CHAPMAN-MULBERRY AREA; AND
C. ADOPT RESOLUTION APPROPRIATING A LOAN OF FUNDS (55,000)
FROM THE CSA REVOLVING LOAN FUND TO CSA NO. 164 (BUTTE
COUNTY ANIMAL CONTROL DISTRICT). (1625)
Page 256
August 29, 1995
August 29. 1995
95-247 MOTION: I MOVE TO A ACCEPT RECOMMENDATION OF ANIlViAL
CONTROL ADVISORY BOARD TO A~IPLEMENT ANIMAL
CONTROL SERVICES IN CHAPMAN-MULBERRY AREA;
B. APPROVE COOPERATIVE AGR.F~MENT BETWEEN
COUNTY AND CITY OF CHICO TO PROVIDE FOR
IlvtPLEMENTATION OF ANIMAL CONTROL IN CHAPMAN-
MULBERRY AREA; AND C. ADOPT RESOLUTION 95-118
APPROPRIATING A LOAN OF FUNDS (S5,000) FROM THE CSA
REVOLVING LOAN FUND TO CSA N0. 164 (BUTTE COUNTY
ANIlVIAL CONTROL DISTRICT) AND AUTHORIZE THE CHAIR
TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
{SUPERVISOR HOUR NOT PRESENT)
Public Hearings and Timed Items
95-248 Continued hearing -Larry Holmes -consideration of an appeal of condition no. 17
(Provide a letter or other documentation from City of Chico stating that they are
willing and able to supply sewer service to parcels 1, 2, 3 and 4.), and no. 18 (Place
a note on the map that states "Development of parcels 1, 2, 3 and 4 will require
connection to a public sanitary sewer."), tentative parcel map, AP 003-550-025, four
parcels, property located on the north side of Filbert Avenue, approximately 450 feet
west of Sheridan Avenue, Chico. (2315) (**00)
Page 257
August 29, 1995
Aus;ust 29. 1995
95-248 MOTION: I MOVE TO UPHOLD THE APPEAL OF CONDITIONS NO. 17
AND NO. 18. WHAT WE HAVE IS AN APPLICANT AND A
NEIGHBORHOOD IN AGR,IiEMENT, AND DESPITE ITS
LOCATION WITHIN THE CHICO URBAN AREA, THE
PHYSICAL ATTRIBUTES OF THIS NEIGHBORHOOD ARE
SEMI-RURAL, WITH VERY FEW CURBS, NO SIDEWALKS,
AND LARGE PARCEL SIZES. A ONE ACRE RESIDENTIAL
PARCEL IS NOT OUT OF PLACE. TIRE ARE SPECIAL
CIRCUMSTANCES AS FOLLOWS: 1) THE LOCATION,
ORIENN'TATION AND SIZE OF THE EXISTING RESIDENCE IS
THE DEFINING ANCHOR TO THE PROPOSED LAND
DIVISION.; 2) THE EXISTING PARCEL SIZE AND
INFRASTRUCTURE OF THE STREET IS SEMI-RURAL IN
NATURE AND INTENSE DEVELOPMENT OF THIS PARCEL
WII.L BE CONTRARY TO THE CHARACTER OF THE
SURROUNDING AREA 3) THE NEED FOR SEWERS IS NOT
WA,I~ItANTED BY WATER QUALITY.; 4) TT IS INFEASIBLE TO
CONDITION A FOUR LOT DIVISION WITH THE COSTS OF
SEWER CONNECTION.; 5) IT IS NOT INJURIOUS TO PUBLIC
HEALTH AND SAFETY AND IS DESIGNED TO PROTECT
HEALTI~ SAFETY AND ENJOYMII~TT OF PROPERTY RIGHTS
OF SURROUNDING AREA; 6) EXEMPTION TO NITRATE
ACTION PLAN SHOULD BE GRANTED BECAUSE PARCEL
SIZE IS SPECIFICALLY EXEMPTED FROM SEWERING BY
NITRATE ACTION PLAN AND PROHIBITION ORDER;
7) DOES NOT CONFLICT WITH PROHIBITION ORDER; AND
8) CHANGE IN CITY POLICY SINCE ADOPTION OF NITRATE
ACTION PLAN HAS INCREASED THE COST BURDEN TO
DEVELOPING PROPERTIES SEEIGNG SEWER CONNECTION.
ADD NEW CONDITIONS: 19) FURTI~R DIVISION OF THE
PARCELS WII,L REQUIRE CONNECTION TO CITY SEWER
SYSTEM.; AND 20) PRIOR TO RECORDING THE PARCEL
MAP, PROVIDE SOIL TEST TO ENVIRONMENTAL HEALTH
ADEQUATE TO VERIFY COMPLIANCE WITH LEACH FIELD
AREA REQi;lIR.EMENTS OF APPENDIX VII, SUBDIVISION
ORDINANCE STANDARDS.
M S
VOTE: l Y 2 Y 3 NP 4 Y S Y (Unanimously Carried)
95-249 Public Comment. (PRESENTATIONS WILL BE LIlVIITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTID IF TT IS NOT LISTID ON THE
AGENDA) (NONE)
Page 258 August 29, 1995
August 29. 1995
95-250 CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL-POTENTIAL
LITIGATION (GOVERNMENT CODE SECTION 54956.9[c]) (ONE POTENTIAL
MATTER). (REFER TO MINUTE ORDER N0.95-241)
MOTION: I MOVE THAT THE NEED FOR A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL ON POTENTIAL
LITIGATION CAME TO THE ATTENTION OF THE BOARD
SUBSEQUENT TO THE AGENDA BEING POSTED.
S M
VOTE: l Y 2 Y 3 NP 4 Y S Y (Unanimously Carried)
Communications
95-251 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. AI Kelly, Program Manager II, Public Assistance Section, Governor's Office
of Emergency Services -responds to Chair McLaughlin's letter to
Congressman Wally Herger regarding the County's disaster applications to
the Federal Emergency Management Agency (FEMA). (REFER TO
EMERGENCY SERVICES OFFICER)
B. Kim Burton, Chico -writes requesting the speed limit on Holly Avenue,
between 12th Avenue and Lindo Chaanel, be changed from the current 35
miles per hour speed zone to that of 25 miles per hour. (REFER TO
SUPERVISOR DOLAN AND DIRECTOR-PUBLIC WORKS)
C. Geri Benedict, Chair, Upper Ridge Coordinating Council -wishes to go on
record as supporting the establishment of a county service area for road
maintenance in the Fir Haven section of Magalia. (REFER TO
SUPERVISOR THOMAS AND DIRECTOR-PUBLIC WORKS)
D. Delores Brown, Environmental Project Manager, Division of Planning, State
Department of Water Resources - forwards a summary of comments on the
draft status report on the Division of Planning's update of the Service Area
Impact Study (SACS). The Department welcomes comments on the proposed
outline of the study (an element of the SAIS) to examine the relationship
between water supplies and regional growth. (]EtEFER TO DIRECTOR-
DEVELOPMENT SERVICES, COUNTY COUNSEL AND BUTTE
COUNTY WATER COMMISSION)
Page 259
August 29, 1995
ADJOI:fF~NMENT: Then being no further business before the Board, the meeting
was adjourned at 12:24 p.m to recom-ene on Tuesday,
September 12, 1995 at 9:00 s.m.
C
ID McLAU , hair
Board of Superviso
AT'T'EST:
JOHN S. BI.ACKLOCK, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Page 260
August 29, 1995
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