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HomeMy WebLinkAboutM091696MINUTES BOARD OF SUPERVISORS ED McLAUC3HLIN, 4th District, Chair VIVIAN MEYER, 1st District JANE DOLAN, 2nd District MARY ANNE ROUX, 3rd District CORDON THOMAS, 5th District April 91996 Ca11 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 Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Imrocation -Pastor Stephen J. Weber, First Presbyterian Church, Gridley not present. 96-101 Items removed from the Consent Agenda for Board consideration and action. Transcription Services Agreement -proposed is a "soft 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 570,000, representing the equivalent of two positions and related equipment, time, and materials casts -action requested -AUTHORIZE SOLE SOURCE ACQUISITION OF TRANSCRIPTION SERVICES WITIi 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 570,000. (FROM 3-26-96) 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 GOVERNMENT CODE SECTION 2fi202. Pagel0l Apri19, 1996 ril9 96 Conser~AAenda 96-142 1. Approval of minutes -action requested -APPROVE MINUTES OF MARCH 14, 1995 AND MARCH 2b, 1995, 2. Budget transfers -action requested -APPROVE BUDGET TRANSFERS B-09b (BUILDINGS AND GROUNDS), B-150 (GENERAL LIABILITY INSURANCE), B-152 {SHERIFF-CORONER), B-I55 {CSA NO. 155), AND B-155 (BUILDINGS AND GROUNDS). 3. F'ue Department - the El Medio Fire Depa~tineat wishes to donate eight SMA 30 minute air bottles (serial nos. D45810, D46299, D34593DG, D95122DG, D34138DG, D34571DG, D45528 and D48009) valued at 5500 each -action requested -ACCEPT DONATIONS AND AUTHORIZE LETTER OF APPRECIATION. 4. County Library donations - in accordance with Government Code Season 25355, donations of 52,359.50 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. Tri-County Economic Development Corporation Loan Administration Boazd -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 CHAllt TO SIGN. Contract Change Order (CCO) No. 19 -Butte County Court Addition - CCO No. 19, in an increasing amount not to exceed S31,24~4 and 14 additional consuudion days, provides for the installation of a complete fire pump system and modification 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 Sl 1,804 to S7,934,642 -action requested -APPROVE AMENDMENT TO CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. Page 102 April 9, 1995 ri19 96-102 9. Department of Development Services, Building Division - Board authorization is requested for the purchase of additional Random Access Me~tary (RANI) 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 5650 (Department budget) - action requested -APPROVE PURCHASE OF FIXED ASSET ITEMS. 10. District Attorney -Board authorization is requested for the purchase of 94 Lockheed 486-56 personal computers with software and peripheral equipment; one plotter; one presentation projector; one digital camera; and one scanner in the maximum amount of 584,445.61 (Asset Forfeiture Trust Fund) to complete the purchase of the Department's Novell computer network -action requested -APPROVE BUDGET TRANSFER B-139 ACCEPTING AND ALLOCATING UNANTICIPATED REVENUE AND PURCHASE OF FIXED ASSET ITEMS. l 1. Fire Department -Board authorization is requested for the purchase of four self~orttained 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 511,800) (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. 57-9fi -General Services -bids have been received for the purchase of a replacement mini cargo 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 516,503.93, 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 year end -action requested -ADOPT ORDINANCE 3256 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-26-95) Page l03 April 9, 1996 Apri! 9. ] 99¢ 96-102 14. Adoption of a salary ordinance amendment converting extra help staff in 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, I) to cover backlogged work due to three regular help employees currently on furlough. The 537,565 funds budgeted are from the 1994-95 Realignment Trust Fund -action re~questod - ADOPT ORDINANCE 3257 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-26-96) 15. Adoption of a salary ordinance amendment increasing a 60% Probaiion 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 Officer I term position (to expire June 30, 1996} funded through the State Victinl/Witness Assistance Program -action requested - ADOPT ORDINANCE 3258 AND AUTHORIZE THE CHAIR TO SIGN. {FROM 3-26-96) 16. 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 D~iPLEMENTING THE REQUESTED CHANGES UPON STATE APPROVAL OF THE AGREEMENT. (FROM 3-26-96) 17. Adoption of an ordinance amending Section 2-8$ of Chapter 2, Article XiI of the Butte County Code entitled "Unclaimed Property in Possession of the Sheriff' - action requested - ADOPT ORDINANCE 32b(} 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 CHAIR TO SIGN. (FROM 3-2fi-96) Page 104 April 9, 1496 Aril 9' t 996 96-102 l9. Introduction of a salary ordinance amendment for the Probation Department which flexibly staffs an Office Assistant II, I pasitson to Legal Typist Clerk or Office Assistant III, II, 1 {funded by the Butte Anti-Drug Special Surveillance [5tatej grant), and a term position to September 30, 1990 of Probation Officer I {funded by the Office of Criminal Justice Planning and the Chico Unfied School District} -action requested -WAIVE 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, 1996 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 for the book-based library is S1b,043, and for the CD- ROM version 58,901.75 (Department budget). There is a net savings of 57,141 -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 54,785,748 (GENERAL FUND} -action requested - ADOPT RESOLUTION 96-34 APPROVING THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 105 Apri19, 1996 Lpri19, ~ 996 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 Dnrg/Medi-Cal for eligible services rendered to eligible clients and capture Federal Meth-Cal dollars and free up currently budgeted non-Federal (State) dollars For use in other areas of service delivery. Currently anticipated revenue from this agreement is 5217,607 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 ]uvenile Crime Prevention Project - First Off enders -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 fwther criminal activity. Proposed is a revenue agreement wherein the County will receive, under this initial agreement, a maximum of 588,875 (100°lo STATE) for the term of March 1 S, 1996 through June 30, 1996 - action 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 Menta] Health Clinician II, I 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 S.70 per full time equivalent employee (current ratelS.76 per full time equivalent employee). The lower rate will remain in effect to April 30, 1999 -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT AND LETTER OF AUTHORIZATION SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 106 Apri19, 1996 96-102 28. 1995-95 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 additional 55,000 in funding for use with the HIV Testing Program. The total amount of State fiends available for 1995-96 has been increased to 5281,058 -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) Reg,~I~r Agenda 96-103 Presentation by Chair McLaughlin of Resolution 95-33 proclaiming the month of April, 1995 as "Public Schools Month" to Orman T. Stone, Jr., Senior Warden, Table Mountain Lodge 124, Masonic Fraternity. 9b-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 570,000, representing the equivalent of two positions and related ec}uipment, time, and materialscosts -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 570,000. {FROM 3-25-96} {120) {CONTINUED UNTIL LATER IN MEETING/REFER TO MINUTE ORDER NO. 95-110) 95-105 Appointments -commissions and committees. A. Appointments to committee vacancies. {NONE) Page 107 April 9, 1995 April 9. 199¢ 96-106 Update on Sacramento legislative and budget activities. (l30) (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 APRIL 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 INTERGOVERNMENTAL AFFAIRS FOR THE GOVERNOR'S OFFICE ON THE GOVERNOR'S PROPOSED WELFARE REFORM IMTIATIVE} 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 BARER, 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 Indeperxience (GAIN} Program -action requested. - ACCEPT FOR INFORMATION, {PRESENTATION BY JEFF FONTANA, GAIN PROGRAM MANAGER, WELFARE DEPARTMENT} Public Hearings an 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 (FEIR} 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-TEARING OPENED AND CONTINUED OPEN TO TUESDAY, JUNE 11, 1996 AT la:o0 A.M.) Page 108 Apri19, 1996 Anri19. 1996 Aug 11~ar ASenda 96-1 l4 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 570,000, representing the equivalent of two positions and related equipment, time, and materialscosts -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-CONTROLLED ON A PER LINE RATE, AGGREGATE NOT TO EXCEED 570,000. (FROM 3-25-96) (2708) MOTION: I MOVE TO AUTHORIZE SOLE SOURCE ACQUISITION OF TRANSCRIPTION SERVICES WITH SAFETY DATA SERVICES, [NC., AND AUTHORIZE THE CHIEF PROBATION OFFICER TO EXECUTE A 12-MONTH CONTRACT, SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLED ON A PER LINE RATE, AGGREGATE NOT TO EXCEED 570,000. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) 2. County Service Area No. 122 (F"u~e Suppression} -included among files of the Clerk of the Board are PetitionsfPratests Against Fire Assessment (both timely and untimely), and letters of support for hearings before the Board at its meetings in September, 19$9. 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. (NO ACTION TAKEN) Page 109 April 9, 1996 Agri19,~ 96-111 PubGc,Camn~. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESEN"I'ED IF TI' IS NOT LISTED ON THE AGENDA) (2850) (**OOj 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 NRY 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; ~l~ B. DIRECT STAFF TO PREPARE A RESOLUTION TO PLACE THE INITIATIVE ORDINANCE ON THE NOVEMBER 199b BALLOT; C. ADOPT THE INITIATIVE ORDINANCE WI'T'HOUT CHANGE. (250) MOTION: I MOVE TO ACCEPT STAFF ANALYSIS, AND DIRECT STAFF TO PREPARE A RESOLUTION TO PLACE THE INITIATIVE ORDINANCE ON THE NOVEMBER 1996 BALLOT. M S VOTE: 1 Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Page 110 April 9, 199b A '! 9 199 96-113 Considaation ofa 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 MINI-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 NIINIMUM EIGHT (8) FEET WALL; CHAIN-LINK FENCING WITH SLATS OR PLASTIC MESHING IS NOT ACCEPTABLE. (DEVELOPMENT SERVICES/FROM 1-9-96) (750) MOTION: I MOVE THAT MINI-STORAGE USE INCLUDE OUTDOOR STORAGE SO LONG AS THE FOLLOWING SPECIFIC CRITERIA ARE MET: A OUTSIDE STORAGE IS INCIDENTAL TO THE MINI-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-0BSCURING SOLID WALL OR FENCE, WITH A MINIMUM EIGHT (8) FEET WALL; CHATN- LINK FENCING WITH SLATS OR PLASTIC MESHING IS NOT ACCEPTABLE. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried} Pagelll Apri19, 1996 April~6 9b-114 Consideration of a late appeal pursuant to Butte County Code Section 24-66(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. Improve parcel frontage to RS 8- LD-II and access road to parcel 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 parcel map (item far which negative declaration with envirorunental nutigations has been reconunended), AP 065- 050-028, three parcels, property located at the end of Shadow Wood Lane, North of Steiffer Road, Magalia -action requested: A. DENY THE REQUEST, CSR B. AUTHORIZE THE LATE APPEAL F][NDING 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 GMNG GOOD AND SUFFICIENT REASON WHY THE CONDITION(S) 1N 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 HOARD 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 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) 1N QUESTION WERE NOT APPEALED WITHIN THE TEN-DAY PERIOD; THE PARCEL MAF 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. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried} Pagell2 April 9, 199b ri19,~ 96-115 CLOSED SESSION: The Beard recessed ai l 1:25 a.m. to a closed session conference with legal counsel for actual litigation pursuant to Goverrurient Code Section 54956.9(a) (Hamilton v. County of Butte, WagenseUer v. County of Butte, Canby 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 [CWA).) RECONVENE: The Board reconvened at 12:25 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a) (Hamilton v. County of Butte, Wagenseller v. County of Butte, Canby v. County of Butte, and Turner v. Butte Counry, et al.), and a conference with labor negotiator pursuant to Government Code Section 54957.6 {Agency Negotiator: D i ~r e c t o r- Personnel; Employee Organization: C o m m u n i c a t i o n Workers of America [CWA].} (NO ANNOUNCEMENTS) Communications 96-1 I6 Canununications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE 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, Plumes 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 Beard 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 Pacifec and Southern Pacific Railroads will be issued in mid-April 1996 and distributed far a 20 day public review and comment period. (REFER TO COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT SERVICES} Page 113 April 9, 1995 Apri19. 1996 96-116 D. Marie McLean, Project Manager, State Department of Water Resources - writes that their Office is in the process of preparing annotated versions of the 29 long-term water supply contracts. To ensure accurate and complete information about each contractor, they are attaching a table containing information far County review. (REFER TO COUNTY COUNSEL AND BUTTE COUNTY WATER COMMISSION) E. Ron Fry, President, Paradise Rod & Gun Club -requests that our Board agree to waive the C1ub's Use Permit Application fee of 51,250 (far the proposed new Paradise Rood & 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.rn. gy: / . T~Tix~~ '/ ~"' ~ VICE CHAIR ED McLAUGHLIN, C ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Bo ¢ of Supervisors 1 ,, By: ~ ., Page 114 April 9, 1496