HomeMy WebLinkAboutM092794Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors V. Meyer, Dolan, Houx, Thomas and
Chair McLaughlin present. John S. Blacklock, Chief
Administrative Officer; Susan Minasian, County Counsel;
and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flaq of the United States of
America.
Invocation - Supervisor Vivian Meyer, representing
Christian Outreach Ministries
94-283 Items removed from the Consent Agenda for Board
consideration and action.
1. Award of bid - fire engine purchase - proposed is
acquisition of a triple combination fire engine for
the Nord Fire Station in the amount of $220,935
from Westates Fire Apparatus of Woodland, CA
pursuant to State of California bid no. 7-EE-3-D-
004 - action requested - AWARD BID TO WESTATES FIRE
APPARATUS.
2. Resolution proclaiming October 3-7, 1994 as
RIDESHARE WEEK in the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
Consent Agenda
94-284 1. Budget transfer - action requested - APPROVE BUDGET
TRANSFER B-O10 (PUBLIC HEALTH/GENERAL SERVICES) AND
B-014 (PERSONNEL).
Page 266
September 27, 1994
September 27, 1994
94-284 2. County library donations - in accordance with
Government Code Section 25355, donations of $650
from Oroville Friends of the Library, $518 from
Tere Lawrence, Oroville, $265 from Gridley Friends
of the Library, $150 from Chico Area Flyfishers,
Chico, and $106.67 anonymously have been received
for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
3. County library donations - in accordance with
Government Code Section 25355, donations of $4,300
from Gridley Friends of the Library, and $3,000
from Chico Friends of the Library have been
received for the Butte County Trust Fund for
continuing operations - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
4. Fire Department - Cohasset Volunteer Fire
Department, Company 21, wishes to donate to the
Butte County Fire Department one Bendix Kinq handie
talkie radio, Model EPH5992A (serial no. 350831) -
action requested - ACCEPT DONATION.
5. Fire Department - Forest Ranch Volunteer Fire
Company No. 24, wishes to donate a new water tender
(P87 Kenworth truck, model T800 [serial no.
2XKDD29X3YHM917762]) - action requested - ACCEPT
DONATION.
6. Butte County Mosquito and Vector Control District -
action requested - APPOINT JOHN OST (DISTRICT 3) TO
FILL AN UNEXPIRED TERM ENDING DECEMBER 31, 1994.
7. oroville Wyandotte Irrigation District - proposed
is a property tax exchange agreement for Stageline
Road Annexation District No. 1 (Byers Annexation)
(LAFCo 95-05) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
8. Durham-Chico Bike Path right of way contract -
confirmation of amendment of agreement for
acquisition of real property for public purposes
(William C. and Kathryn L. Chance) - the subject
agreement was previously amended to require close
of escrow by August 1, 1994. Escrow did not
actually close until September 13, 1994 - action
requested - CONFIRM THAT PARAGRAPH 7 OF THE SUBJECT
AGREEMENT HAS BEEN AMENDED TO EXTEND THE DATE BY
WHICH ESCROW MUST CLOSE TO SEPTEMBER 13, 1994.
Page 267 September 27, 1994
94-284 9. Fire Department/General Services - acquisition of
water tenders for Forest Ranch, Bangor and
Gridley - action requested - (1) APPROVE THE
ACQUISITION OF THREE WATER TENDERS; (2) AWARD THE
BID TO SCHMITT EQUIPMENT SALES, INC., ANDERSON, CA
IN THE AMOUNT OF $217,181.25 (BID NO. 9-95); AND
(3) APPROVE BUDGET TRANSFER B-009 APPROPRIATING
$67,182 TO BUDGET 450.002.563 (FIRE DEPARTMENT-
VOLUNTEER EQUIPMENT).
10. Cohasset Volunteer Fire Company No. 21 - Board
approval is requested to return ownership of old
squad 21 (1966 Ford, four wheel drive pickup,
license no. E084181) to the Cohasset Volunteer Fire
Company No. 21, which originally purchased and
built up the vehicle for their use - action
requested - ACTION AS REQUESTED.
11. Forest Ranch Volunteer Fire Company No. 24 - Board
approval is requested to return ownership of old
water tender 24 (1969 International, license no.
E450470) to the Forest Ranch Volunteer Fire Company
No. 24, which originally purchased and built up
the truck with funds raised within the community of
Forest Ranch - action requested - ACTION AS
REQUESTED.
12. Public Works Department - three grants to the
County, a Used oil Opportunity Grant and an Oil
Recycling Block Grant from the Waste Management
Board and a Recycling Grant from the Division of
Recycling will provide a total of $61,825 for
various services, materials and equipment needed to
implement oil recycling and hazardous waste
loadcheck programs at the landfill and solid and
hazardous waste educational programs through the
Butte County Library. Board approval is requested
to purchase one household hazardous waste portable
storage unit ($8,000), one 500 gallon waste oil
tank ($5,000), and one precast concrete containment
unit ($1,000) - action requested - APPROVE BUDGET
TRANSFER B-Oll APPROPRIATING UNANTICIPATED REVENUE
AND APPROVE PURCHASE OF FIXED ASSET ITEMS.
13. Pioneer Volunteer Fire Department - acceptance of
property - a grant deed has been prepared for the
County to accept the site of the Pioneer Volunteer
Fire Department fire station identified as AP 071-
370-019 - action requested - ADOPT RESOLUTION 94-
109 ACCEPTING THE PROPERTY AND AUTHORIZE THE CHAIR
TO SIGN.
Page 268 September 27, 1994
94-284 14. Surplus property - the Purchasing Office has
prepared a list of County personal property that is
broken, worn out, or without further use to County
departments which is to be consigned to C.
Popovitch Auctioneers, Inc. to be sold at its next
public auction - action requested - DECLARE LISTED
ITEMS AS SURPLUS TO THE COUNTY AND AUTHORIZE
DISPOSAL AT PUBLIC AUCTION.
15. Soils testing - Butte County Court Addition - a
proposal has been received from Kleinfelder, Inc.
and an agreement has been prepared covering soils
related testing and observation services for the
site development work on the subiect project in the
estimated amount of $10,565 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
16. Award of bid no. 15-95 - high speed production
copier - bids have been opened for the 60 month
lease/purchase of a production copier for the Print
Shop with the low bidder being Eastman Kodak in the
monthly amount of $597.82 with an end of term buy-
out of $1.00 and a monthly maintenance charge of
$1,050 - action requested - AWARD BID TO EASTMAN
KODAK AND APPROVE LEASE AGREEMENT AUTHORIZING THE
GENERAL SERVICES DIRECTOR TO SIGN.
17. Fire Department Community Cost Share Program - a
resolution has been prepared establishing the Fire
Department/Community Cost Share Trust Fund - action
requested - ADOPT RESOLUTION 94-110 AND AUTHORIZE
THE CHAIR TO SIGN.
18. Investments information report - the Treasurer-Tax
Collector submits the August 31, 1994 report in
accordance with the County's Statement of
Investment Policy dated June 1, 1994 - action
requested - ACCEPT FOR INFORMATION.
19. Approval of a four way stop for intersections of
Fern and West 12th Avenue, Holly and West 12th
Avenue, Holly and West 11th Avenue and Bay/Cussick
and Shasta/Bell, Chico area - action requested -
ADOPT RESOLUTION 94-111 AND AUTHORIZE THE CHAIR TO
SIGN.
20. State Department of Food and Agriculture - proposed
is contract no. 94-0275 wherein the County agrees
to perform inspections of nursery stock at all
County producer locations and at County retail
nursery locations. The agreement, effective
July 1, 1994.through June 30, 1995, is in the total
amount of $2,109 ($927/unclaimed gasoline tax
distribution and $1,182/State) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 269
September 27, 1994
September 27. 1994
94-284 21. Chico Professional Offices - the Community Services
Unit of the County's Mental Health Alcohol and Drug
Services Division is relocating to 572 Rio Lindo
Avenue, Suite 101, Chico (approved in 1994-95 Final
Budget). The term of the lease is from October 1,
1994 through June 30, 1995 in the maximum amount of
$6,363 (FEDERAL) - action requested - APPROVE LEASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
22. State of California, Alcohol and Druq Programs
Negotiated Net Amount (NNA) contract (no. NNA04-
94) - the proposed contract is the mechanism to
allocate funds to the County's Alcohol and Drug
Services for the provision of alcohol and drug
services in Butte County for fiscal years 1994-95
($1,282,652); 1995-96 ($1,244,952); and 1996-97
($1,189,552) (TOTAL $3,717,156/FEDERAL/STATE) -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
23. 1994-95 Substance Abuse and Mental Health Services
Administration (S.A.M.S.H.A.) Block Grant - fiscal
year 1994-95 SAMHSA Block Grant funds are available
to the County's Mental Health Department pursuant
to AB 2476 and SB 463 legislation. These funds are
to be used to provide integrated services to
severely aentally ill children, adults and older
adults with systems of care that are client
centered, culturally competent and fully
accountable - action requested - APPROVE THE GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
24. Crestwood Convalescent Hospital, Chico - proposed
is an agreement for the provision of patient meals
(two meals per day [lunch and dinner], 365 days per
year) for the Butte County Mental Health Inpatient
Unit. The term of the agreement is July 1,
1994 through June 30, 1995 in the maximum amount of
$42,295 ($5.50 per meal) (REALIGNMENT) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
Page 270
September 27, 1994
94-284 25. County of Modoc/County of Butte - Modoc. County
wishes to contract with Butte County Mental Health
to provide "Acute Psychiatric Inpatient" care to
residents of Modoc County who are referred to Butte
County for service. The term of the agreement is
July 1, 1994 through June 30, 1995 in the maximum
amount to Butte. County of $10,000 (26 bed days paid
on actual bed day usage) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
26. Urgent Medical Clinic, Chico - proposed is an
agreement for the provision of "history and
physical" examinations of persons admitted to the
Butte County Mental Health Inpatient Unit. The
term of the agreement is July 1, 1994 through
June 30, 1995 in the maximum amount of $82,112.50
(729 histories and physicals) (REALIGNMENT) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
27. State Department of Mental Health - Butte County
Mental Health wishes to contract with the State
Department of Mental Health to accept $28,313
(FEDERAL/STATE) in continuing Stewart McKinney PATH
grant funds to continue the Homeless Representative
Payee Program for fiscal year 1994-95. These funds
will allow Butte County Mental Health to continue
representative payee services to identified and
approved homeless mentally ill clients, or clients
at risk of being homeless due to an inability to
manage their own funds - action requested - APPROVE
GRANT APPLICATION, ACCEPT FUNDS AND AUTHORIZE THE
CHAIR TO SIGN GRANT APPLICATION.
28. State Department of Alcohol and Druq Programs
(ADP) - the County's Mental Health Department's
Alcohol and Drug Services, Youth Services has
received a Notice of Grant Award for the 4th year
(September 1, 1994 through August 31, 1995) of the
Adolescents/Juvenile Justice Grant Program funded
by the Center for Substance Abuse Treatment
(LSAT) - action requested - APPROVE BUTTE COUNTY'S
INTENT TO ACCEPT $417,014 (LSAT/FEDERAL) FROM THE
DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS AS A
SUBRECIPIENT TO IMPLEMENT THE ADOLESCENTS/JUVENILE
JUSTICE GRANT PROGRAM SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
Page 271
September 27, 1994
94-284 29. State Department of Health Services - proposed is
an agreement (94-20153) for the provision of family
planning services. Services provided to State
eligible patients are billed under a fee-for-
service contract with the State Office of Family
Planning. Medi-Cal eligible patients are seen and
their service is billed to Medi-Cal. Clinic
services are available in Chico and Oroville.
Under the terms of the agreement, which commences
July 1, 1994 through June 30, 1997, the State will
make available $133,662 for July 1, 1994 through
June 30, 1995 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO THE APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
30. California State University, Chico (CSUC) -
proposed is an agreement for the provision of
clinical nursing experience for selected CSUC
students. Under the terms of the agreement, CSUC
students and nursing instructors will have access
to clinic experiences to help prepare prospective
nurses for public health service. The term of the
agreement is July 1, 1994 through June 30, 1999 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
31. 1994-95 Women, Infants and Children (WIC)
agreement - Board authorization is requested to
renew the 1994-95 WIC agreement (no. 94-19665) with
the State Department of Health Services. The
agreement, in the maximum amount of $494,405,
covers the period October 1, 1994 through
September 30, 1995. The State has recently
increased the monthly caseload to 4,700 (from
4,000) for 1994-95. The agreement contains
additional funding beyond the amount anticipated in
the 1994-95 Final County Budget to cover these
caseload increases - action requested - APPROVE
BUDGET TRANSFER B-012, APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 272
September 27, 1994
September 27. 1994
94-284
94-285
32. University of California, Davis - U. C. Davis
Extension On-Site Training Program - proposed is
an agreement which provides ten days of training
for eligibility workers. The curriculum is chosen
to complement the Welfare Department's in-house
training by focusing on the areas of stress
management, change management, preparation for
automation and a personnel development series. The
term of the agreement is July 1, 1994 to June 30,
1995 in the maximum amount of $20,400 (50$/FEDERAL;
35$/STATE; 15~/COUNTY) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
33. Grand Jury comments - State -law requires a
governing body of a public agency to comment to the
Presiding Judge of the Superior Court on findings
and recommendations pertaining to matters under its
control. Attached are department comments,
comments from the Chief Administrative Officer, and
draft comments by the Board of Supervisors - action
requested - REVIEW DRAFT COMMENTS, ADOPT FINAL
COMMENTS, AND FORWARD TO THE PRESIDING JUDGE OF THE
BUTTE COUNTY SUPERIOR COURT.
34. Durham Cemetery - action requested - AUTHORIZE
LETTERS OF APPRECIATION TO RIAN FARLEY AND THE
DURHAM CEMETERY PRESERVATION ASSOCIATION FOR THEIR
EFFORTS TOWARD PRESERVATION OF THE DURHAM CEMETERY.
35. California Public Library 1994 report - the
Director-Libraries submits the California Public
Library 1994 report in accordance with Education
Code Section 19169 - action requested - ACCEPT FOR
INFORMATION.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH
REMOVAL OF ITEMS 3.17 AND 3.20.
s x
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Items removed from the Consent Agenda for Board
consideration and action.
1. Award of bid - fire engine purchase - proposed is
acquisition of a triple combination fire engine for
the Nord Fire Station in the amount of $220,935
from Westates Fire Apparatus of Woodland, CA
pursuant to State of California bid no. 7-EE-3-D-
004 - action requested - AWARD BID TO WESTATES FIRE
APPARATUS. (NO ACTION TAKEN)
Page 273
September 27, 1994
94-285 2. Resolution proclaiming October 3-7, 1994 as
RIDESHARE WEEK in the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (61)
MOTION: I MOVE TO ADOPT RESOIIJTION 94-112 AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(CHAIR McLAUGHLIN PRESENTED THE RESOLUTION PROCLAIMING
OCTOBER 3-7, 1994 AS RIDESHARE WEER IN BUTTE COUNTY TO
JIM PEPLOW, CHICO TRANSPORTATION MANAGEMENT ASSOCIATION
DIRECTOR)
(BOARD DIRECTION FOR A CERTIFICATE OF DEDICATION IN
MEMORY OF JOSEPH BRADLEY "BRAD" KOEHLY FOR PRESENTATION
AT THE DEDICATION OF THE MIDWAY BICYCLE PATH ON TUESDAY,
OCTOBER 4, 1994 AT 4:00 P.K.)
94-285 Appointments - commissions and committees.
a. Appointments to committee vacancies. (224) (NONE)
94-287 Update on Sacra~aento legislative and budget activities.
(JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER,
REPORTED THAT AB 2082, THE AT RISK COUNTIES MEASURE, AND
THE PROPERTY TAX ADI~iINZSTRATION BILL ARE STILL PENDING
BEFORE THE GOVERNOR)
94-288 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A
MOTION OF INTENT ADOPTED - Robert Taylor, Stringtown
Mountain Specific Plan - consideration of General Plan
Amendment from Agricultural Residential to Low and Medium
Density Residential, Foothill Area Residential and
Commercial and rezone (draft environmental impact report
has been prepared), from FR-10 (Foothill Recreational -
10 acre parcels) to C-2 (General Commercial), R-1
(Residential), R-2 (Residential) and P-Q (Public - Quasi-
Public), and approval of a Specific Plan for property
located on the north side of Forbestown Road, east of
Olive Highway, identified as AP 072-180-016, -017, -026,
-027, -028, -029, -030, 072-190-005, -007, -013, -014
and -025, Oroville - action requested - ADOPT PROPOSED
MOTION AND FINDINGS. (INPUT FROM THE PUBLIC WILL BE
LIMITED TO COMMENTS ON THE PROPOSED MOTION AND FINDINGS)
(245)
Page 274
September 27, 1994
94-288 MOTION: I MOVE TO MAKE A MOTION BASED ON THE FINDINGS
IN THE STAFF REPORT OF JUNE 15, 1994 AND
RELATED DOCUMENTS TO: (1) CERTIFY THE
ENVIRONMENTAL IMPACT REPORT; (2) ADOPT
ORDINANCE 3156 REZONING FROM FR-10 TO R-1, R-
2, R-C, P-Q AND C-2 FOR THE STRINGTOWN
MOUNTAIN SPECIFIC PLAN; (3) ADOPT RESOLUTION
94-113 AMENDING THE GENERAL PLAN FROM
AGRICULTURAL RESIDENTIAL TO LOW DENSITY
RESIDENTIAL, MEDIUM DENSITY RESIDENTIAL,
FOOTHILL AREA RESIDENTIAL, PUBLIC AND
COMMERCIAL FOR THAT PROPERTY LOCATED ON THE
NORTH SIDE OF FORBESTOWN ROAD, EAST OF OLIVE
HIGHWAY, IDENTIFIED AS AP 072-180-016', -017, -
026, -027, -028, -029, -030, 072-190-005, -
007, -013, -014 AND -025, OROVILLE; AND (4)
ADOPT RESOLUTION 94-114 APPROVING THE DRAFT
STRINGTOWN MOUNTAIN SPECIFIC PLAN AS THE FINAL
SPECIFIC PLAN, WITH CONDITIONS AS SET FORTH IN
THE RECOMMENDATIONS OF THE PLANNING COMMISSION
AND AS FURTHER MODIFIED BY THE BOARD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-289 Steve C. and Carol Houser - consideration of a request of
a building permit refund on AP 040-140-065 in the amount
of $1,203.50 - action requested - APPROVE REFUND REQUEST
IN THE AMOUNT OF $1,203.50. (306)
MOTION: I MOVE TO APPROVE THE REFUND REQUEST IN THE
AMOUNT OF $1,203.50.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-290 Presentation of the results of the County Target Study,
and contribution of a $1,500 cash match for State Grant
#93-EDBG-277 for Phase II of the Target Industry Study -
action requested - ACCEPT $1,500 CASH MATCH GRANT.
(CONTINUED TO BOARD AGENDA OF OCTOBER 11, 1994)
94-291 Jail Bond Act - reverted funds - an application has been
prepared for submission to the State Board of Corrections
in the amount of $3.2 million for reverted jail bond
funds - action requested - ADOPT RESOLUTION APPROVING THE
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (352)
MOTION: I MOVE TO ADOPT RESOLUTION 94-115 APPROVING
THE APPLICATION AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 275
September 27, 1994
September 27, 1994
94-292 Introduction of a salary ordinance adding five Deputy
Sheriff positions to the operations budget (Federal
Police Supplement Program), conversion of allocated funds
for extra help to a regular help position of Probation
Officer (this allocated position is funded through the
school districts within Butte County), and
reclassification of a Computer Technician to a Staff
Services Systems Specialist in the Assessor's Office,
which is the result of a reorganization due to staff
reductions for the past two years. Annual costs of
Sheriff/$200,720, Probation/$28,417, and Assessor/$7,355
are from department budgets -.action requested - WAIVE
READING OF THE ORDINANCE. (505)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-293 Hepatitis A Immunization Program - action requested - (1)
AGREE TO ALLOW THE DEPARTMENT OF PUBLIC HEALTH TO
PARTICIPATE IN THE HEPATITIS A IMMUNIZATION PROGRAM; (2)
ACCEPT STATE FUNDS IN THE AMOUNT OF $162,051; AND (3)
APPROVE BUDGET TRANSFER B-013 TO APPROPRIATE EXPENDITURES
FOR THE PROGRAM. (898)
MOTION: I MOVE TO (1) AGREE TO ALLOW THE DEPARTMENT OF
PUBLIC HEALTH TO PARTICIPATE IN THE HEPATITIS
A IMMUNIZATION PROGRAM; (2) ACCEPT STATE FUNDS
IN THE AMOUNT OF $162,051; AND (3) APPROVE
BUDGET TRANSFER B-013 TO APPROPRIATE
EXPENDITURES FOR THE PROGRAM.
S M
VOTE: 1 N 2 Y 3 N 4 Y 5 Y (Motion Carried)
RECESS: 10:20 A.K.
RECONVENE: 10:38 A.M.
Public Hearings and Timed Items
94-294 Public hearing - Betty Simpson - consideration of a
rezone (proposed negative declaration regarding
environmental impact recommended) to A-20 (Agricultural -
20 acre parcels) on property zoned A-5 (Agricultural -
five acre parcels), and extending approximately 1-1/4
mile south of the southerly end of Knob Hill Avenue. The
southern most portion of the project lies at the eastern
end of Nora Way. The whole project is southeast of
Palermo approximately two miles, and identified as AP
027-130-020 through -028, and 027-180-024 through -051,
Palermo. (2472) (**00)
Page 276
September 27, 1994
94-294 MOTION: I MOVE FOR A MOTION OF INTENT TO DENY THE
REZONE AND DIRECT STAFF TO RE-EXAMINE THIS
AREA AND ALL OF THE AGRICULTURAL RESIDENTIAL
AS PART OF THE UPCOMING GENERAL PLAN UPDATE
NOW IN PROGRESS.
M S
VOTE: l Y 2 N 3 Y 4 N 5 N (Motion Failed to Carry)
MOTION: I MOVE TO APPROVE THE REZONE SUBJECT T0:
ENVIRONMENTAL FINDINGS (A) AN INITIAL STUDY
WAS COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
IDENTIFYING POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY
HAVE. PROVISIONS AND THE DESIGN OF THE
PROJECT AND THE CONDITIONS ADDED TO THE
PROJECT WILL MITIGATE SUCH EFFECTS TO A LEVEL
OF INSIGNIFICANCE.; (B) A PROPOSED NEGATIVE
DECLARATION HAS BEEN COMPLETED IN COMPLIANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.; AND (C) THE BOARD OF SUPERVISORS HAS
INDEPENDENTLY REVIEWED, ANALYZED AND
CONSIDERED THE NEGATIVE DECLARATION AND FINDS
THAT SAID NEGATIVE DECLARATION SUFFICIENTLY
ADDRESSES THIS PROJECT. ZONING ORDINANCE
FINDINGS (A) THE PROPOSED REZONE IS
CONSISTENT AND CONFORMS TO THE POLICIES,
INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY
GENERAL PLAN.; AND (B) THE REZONE TO A-20 IS
NECESSARY TO FULLY IMPLEMENT THE GENERAL PLAN
DESIGNATION AND COMPLIES WITH GOVERNMENT CODE
REQUIREMENTS OF COMPATIBILITY AND CONSISTENCY
BETWEEN THE GENERAL PLAN DESIGNATIONS AND
ZONING CLASSIFICATIONS. ACTIONS (A) SUBJECT
TO THE ENVIRONMENTAL FINDINGS AND ZONING
ORDINANCE FINDINGS, ADOPT A NEGATIVE
DECLARATION AND ADOPT ORDINANCE 3157 REZONING
TO A-20 THAT PROPERTY IDENTIFIED AS AP 027-
130-015, 027-130-020/028, 027-180-024/051
(FORMERLY AP 027-130-009, 012, 013 AND 027-
130-011, 014).
S M
VOTE: i N 2 Y 3 N 4 Y 5 Y (Motion Carried)
94-295 Continued hearing - Bernard W. Gucker - consideration of
an appeal of the Development Review Committee's denial of
a tentative parcel map (item which has been determined to
not be subject to the California Environmental Quality
Act because it is being recommended for denial), AP 027-
130-026, four parcels, property located on the north side
of Apache Avenue, approximately 1/4 mile west from its
intersection with Crestmont Court, Palermo area. (162)
Page 277
September 27, 1994
September 27, 1994
94-295 MOTION: I MOVE TO INCORPORATE INTO THIS HEARING THE
EVIDENCE AND TESTIMONY RECEIVED BY THE BOARD
UNDER MINUTE ORDER 94-294 THAT RELATED TO THIS
ITEM, UPHOLD THE DECISION OF THE DEVELOPMENT
REVIEW COMMITTEE, AND DENY THE PROJECT WITHOUT
PREJUDICE.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried)
94-296 Public hearing - Green Rock Quarries, Inc. -
consideration of an appeal of the Planning Commission's
denial of a use permit (proposed negative declaration
with mitigation measures regarding environmental impacts
has been recommended) to allow the modification of an
existing use permit no. 89-6 on property zoned "U"
(unclassified) located on Coal Canyon Road, east of
Highway 70, approximately 1/2 mile north of Highway 149,
identified as AP 041-140-014+, Oroville. (615) (***00)
(HEARING CONTINUED OPEN TO NOVEMBER 22, 1994 AT
10:00 A.M.)
Regular Agenda
94-297 Federal Title IV-A - Mental Health Emergency Assistance
Program - (1) AUTHORIZE THE DIRECTOR-MENTAL HEALTH TO
SEND A LETTER OF INTENT OR CERTIFICATION AGREEMENT; (2)
APPROVE OF THE MENTAL HEALTH DEPARTMENT EXPENDING UP TO
$7,500 FOR A PARTICIPATION FEE TO LOS ANGELES COUNTY, THE
HOST COUNTY FOR THE CALIFORNIA CONSORTIUM OF MENTAL
HEALTH DEPARTMENTS ( CCMHD) ; AND ( 3 ) APPROVE THE MENTAL
HEALTH AND WELFARE DEPARTMENTS TO DEVELOP THE NECESSARY
POLICIES AND PROCEDURES FOR THE SUCCESSFUL IMPLEMENTATION
OF THIS NEW PROGRAM TO BEGIN AS SOON AS POSSIBLE. (669)
MOTION: I MOVE TO AUTHORIZE THE DIRECTOR-MENTAL HEALTH
TO SEND A LETTER OF INTENT OR CERTIFICATION
AGREEMENT; (2) APPROVE OF THE MENTAL HEALTH
DEPARTMENT EXPENDING UP TO $7,500 FOR A
PARTICIPATION FEE TO LOS ANGELES COUNTY, THE
HOST COUNTY FOR THE CALIFORNIA CONSORTIUM OF
MENTAL HEALTH DEPARTMENTS (CCMHD); AND (3)
APPROVE THE MENTAL HEALTH AND WELFARE
DEPARTMENTS TO DEVELOP THE NECESSARY POLICIES
AND PROCEDURES FOR THE SUCCESSFUL
IMPLEMENTATION OF THIS NEW PROGRAM TO BEGIN AS
SOON AS POSSIBLE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 278
September 27, 1994
September 27. 1994
94-298 Communication from Congressman Wally Herger's Office -
Congressman Herger's Office requests input from the Board
regarding the transfer of 267.20 acres of Federal Bureau
of Land Management (BIM) property to the Berry Creek
Rancheria of the Tyme-Maidu Tribe - action requested -
PROVIDE CONGRESSMAN HERGER WITH A RECOMMENDATION
REGARDING THE PROPOSED LAND TRANSFER. (693}
MOTION: I MOVE THAT THE BOARD CHAIR SEND A LETTER TO
CONGRESSMAN HERGER EXPRESSING THE BOARD'S
OPPOSITION TO THE TRANSFER OF 267.20 ACRES OF
FEDERAL BUREAU OF LAND (BLM) PROPERTY TO BERRY
CREEK RANCHERIA OF THE TYME-MAIDU TRIBE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-299 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE HOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (794) (NONE)
Closed Session (NONE)
94-300 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (PURSUANT TO
GOVERNMENT CODE SECTION 54957)
1. COUNTY HEALTH OFFICER (CONTINUED TO OCTOBER 11,
1994}
CONFERENCE WITH LEGAL COUNSEL-ACTUAL LITIGATION (PURSUANT
TO GOVERNMENT CODE SECTION 54956.9)
1. LIABILITY CLAIM (CLAIMANT: PAUL WORDEN - AGENCY
CLAIMED AGAINST: BUTTE COUNTY FAMILY SUPPORT
DIVISION, BUTTE COUNTY DISTRICT ATTORNEY'S OFFICE
AND THEIR ADMINISTRATORS AND EMPLOYEES INCLUDING UT
NOT LIMITED TO MICHAEL RAMSEY AND CAROL MONTGOMERY)
(CONFERENCE NOT HELD)
Page 279
September 27, 1994
September 27, 1994
94-301 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Tim Leslie, Senator, First District - notifies
the Board that the Resources Agency of California
has announced the availability of applications for
the 1995-96 grant cycle of the Environmental
Enhancement and Mitigation Program. (REFER TO
CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-PUBLIC
WORKS, AND DIRECTOR-DEVELOPMENT SERVICES)
b. Tom Hayes, Senior Planner, City of Chico -forwards
for review and comment a copy of the City's Draft
General Plan Implementation Program. Comment on
the Implementation Program will run concurrent with
Draft General Plan and Draft Environmental Impact
Report, closing on Thursday, October 13, 1994.
(REFER TO DIRECTOR-DEVELOPMENT SERVICES)
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
12:55 p.m. to reconvene on Tuesday,
October 11, 1994 at 9:00 a.m.
C
ED McLAUGHLIN, IR
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLO , Chief Administrative Officer
and Clerk o(}f h Board of Supervisors
V. O h ~
Page 280
September 27, 1994