HomeMy WebLinkAboutM092893~
September 28. 1993
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Meyer, Dolan, McLaughlin, Thomas
and Chair Houx present. 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.
93-345 Items removed from the Consent Agenda for Board
consideration and action.
1. Pre-application review procedures for use permits
and variances - Board resolution 90-12 adopted pre-
application review procedures for use permits and
variances - the Development Services Department
proposes revisinq the pre-application procedures to
reduce costs and time delays for applicants -
RESCIND RESOLUTION 90-12 AND ADOPT A RESOLUTION TO
AMEND THE PRE-APPLICATION REVIEW PROCEDURES.
2. 1993/94 Annual Work Plan for Animal Damage
Control - the proposed agreement with the State
Department of Food and Agriculture, the State
Department of Health Services, and the Federal
Animal Damage Control program in the amount of
$36,270 provides trapper services for depredating
wild animals and rabies control, including trapping
of skunks. The County share is approximately 59~
of the total cost per staff month. ADC will
provide all program supervision, administration and
equipment - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO
SIGN.
3. Public Guardian - urqes support of AB 120 which
would establish a method of collecting from private
conservators a fee of $100 to be payable into a
special fund for use by the Public Guardian -
action requested - APPROVE AB 120 AND AUTHORIZE THE
CHAIR TO SIGN LETTER OF SUPPORT.
Paqe 328
September 28, 1993
September 28. 1993
Conse~~ Aqenda
93-346 1. Approval of minutes - action requested - APPROVE
MINUTES OF SEPTEMBER 14, 1993.
2. Budqet transfers - action requested - APPROVE B-18
(PUBLIC WORKS), AND B-19 (DISTRICT ATTORNEY -
WELFARE FRAUD).
3. County Library donation - in accordance with
Government Code Section 25355, a donation of $100
from Robert L. Dinsmore, Oroville has been received
for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECIATION.
4. Sheriff - Coroner - the Santa Fe Pacific Timber
Company, Redding has donated a 1986 Ford Pickup
(vehicle identification no. 1FTCR14T6GPB40388) for
use by the Sheriff's Team of Active Retired Seniors
(STARS) - action requested - ACCEPT DONATION AND
AUTHORIZE LETTERS OF APPRECIATION.
5. Appointment of nominees - declaration of candidacy
filed - action requested - APPOINT JIM LEAVELL TO A
FOUR TERM ON BUZZTAIL COMMUNITY SERVICES DISTRICT;
GERALD (BUTCH) MATTSON AND AUDREY G. STEPHENS TO
FOUR YEAR TERMS ON DRAINAGE DISTRICT NO. 200; JOHN
R. BULTEMA AND GENE C. HARRIS TO FOUR YEAR TERMS ON
RICHVALE IRRIGATION DISTRICT; DENNIS E. THENGVALL
TO A FOUR YEAR TERM ON RICHVALE SANITARY DISTRICT;
DANE P. ANDES TO A FOUR TERM ON RECLAMATION
DISTRICT #833; JOSEPH MICHAEL BOZZO, ROBERT C.
WALLER AND GREGORY CORREA TO FOUR YEAR TERMS ON
BUTTE WATER DISTRICT; AND ROGER D. WILLIAMS, II AND
GARY A. JEFFERS TO FOUR YEAR TERMS ON LAKE MADRONE
WATER DISTRICT.
6. Butte Creek Canyon Municipal Advisory Council
(BCCMAC) - action requested - APPOINT JOHN McAMIS
(DISTRICT 4).
7. Upper Sacramento River Advisory C~uncil - action
requested - REAPPOINT SUPERVISOR DOLAN.
8. Air Pollution Control Hearing Board - action
requested - APPOINT DR. MICHAEL WARD, P.E..
Paqe 329
September 28, 1993
93-346 9. Final map - Biggers Glen Subdivision, AP 60-11-78,
30 lots located on both sides of Humboldt Road at
Biggers Lane, Butte Meadows area -the developer has
provided a maintenance bond to guarantee
maintenance of facilities for a period of one year
starting September 15, 1993 - action requested -
APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN
ITEMS B, E, & F OF THE OWNER~S STATEMENT ON BEHALF
OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE BZGGERS
LANE, MADDRILL LANE, GREENMORE COURT, ABNER LANE
AND 20 FOOT EMERGENCY ACCESS AS OFFERED IN ITEMS A
AND C OF THE OWNER~S STATEMENT; AND AUTHORIZE THE
CHAIR TO SIGN THE SUBDZVISION AGREEMENT.
10. Harry Lee Hall, Oroville, files a claim in the
amount of $100,000 as a result of alleged
slanderous accusations/improper termination from
the District Attorney's Office on or about August
16, 1993 - action requested - REJECT CLAIM AND
REFER TO RISK MANAGER AND COUNTY COUNSEL.
11. Award of bid no. 7-94 - Public Works motor grader -
bids have been opened for a motor grader for the
Public Works Department with the low bidder meeting
specifications beinq SMA Equipment Co., Inc. of
West Sacramento in the amount of $107,210 plus
sales tax - action requested - AWARD BID TO SMA
EQUIPMENT CO., INC.
12. Notice of completion for relocation of utilities at
the Butte County Jail - Sears Construction Company
has completed the project in accordance with the
plans and specifications - action requested -
ACCEPT PROJECT AND AUTHORIZE THE FILING OF A NOTICE
OF COMPLETION.
13. Relief from accountability - Department of
Development Services - pursuant to Government Code
Section 29390 and Board Resolution No. 75-177,
relief from accountability is requested for a$90
shortage from cash receipts on July 1, 1993 in the
Department's Building Division. The District
Attorney and Auditor-Controller support the
request - action requested - APPROVE RELIEF FROM
ACCOUNTABILITY.
Page 330
September 28, 1993
September 28. 1993
93-346 14. Relief from accountability - Personnel Department -
pursuant to Government Code Section 29390 and Board
Resolution No. 75-177, relief from accountability
is requested for postage stamps (97 stamps at $.29
each) in the total amount of $28.13 discovered
missing from its offices on July 13, 1993. The
District Attorney and Auditor-Controller support
the request - action requested - APPROVE RELIEF
FROM ACCOUNTABILITY.
15. California Public Library 1993 Report - the
Director-Libraries forwards the 1993 report
pursuant to Education Code Section 19169 - action
requested - ACCEPT FOR INFORMATION.
16. Adoption of a salary ordinance amendment
reallocatinq four Senior Appraiser positions to
Appraiser III pursuant to the Assessor's revised
budqet submission. Layoff notifications have been
given to the four Senior Appraisers with the option
to voluntarily demote to the Appraiser III
classification - action requested - ADOPT ORDINANCE
3089 AND AUTHORIZE THE CHAIR TO SIGN.
17. Resolution declaring October, 1993 as
"Multicultural Awareness Month" in Butte County -
action requested - ADOPT RESOLUTION 93-140 AND
AUTHORIZE THE CHAIR TO SIGN.
18. Social Service Workers Unit (CWA) and the
Management, Confidential and Supervisory Unit (MCS)
tentative agreement - the County, the Social
Service Workers Unit (CWA), and the Management,
Confidential and Supervisory Unit (MCS) have
reached a tentative agreement, subject to
ratification of their memberships, to implement a
work hour reduction and changes to the compensation
schedule upon a date to be determined by the
County - action requested:
1. APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
2. APPROVE RESOLUTIONS 93-141 and 93-142
AUTHORIZING THE COUNTY TO ENROLL THE SOCIAL
SERVICE WORKERS UNIT (CWA) AND THE MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNZT (MCS) IN THE
PERS HEALTH INSURANCE PROGRAM EFFECTIVE
NOVEMBER l, 1993.
Page 331
September 28, 1993
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93-346 19. Butte County Deputy Sheriff's Association -
general and manaqement units - a tentative labor
contract agreement on a new Memorandum of
Understanding (MOU) was ratified at the Board~s
meeting of 12-15-92 to cover the period October 1,
1992 through September 30, 1994 and Director-
Personnel and county negotiator were authorized to
prepare formal written lanquage of the MOU for
board ratification - action requested - RATZFY
FINAL AGREEMENT AND AUTIiORIZE THE CHAIR TO SIGN.
20. Introduction of a salary ordinance amendment -
Sheriff - Coroner (Services) adds two Deputy
Sheriffs, one Public Safety Dispatcher or Public
Safety Dispatcher Trainee chanqinq the total from
40 to 43; (Operations) adds two Deputy Sheriffs
changing the total from 43 to 45; (Corrections)
deletes two Deputy Sheriffs chanqinq total from 69
to 67; (Special Enforcement Unit) adds one Deputy
Sheriffs changing total from five to six - action
requested - WAZVE READING OF THE ORDINANCE.
21. Introduction of a salary ordinance amendment
correcting an administrative error - deletes from
District Attorney - Family Support two Supervisor-
Family Support Services and one Supervisor-Clerical
Support Services/Family Support Enforcement Officer
III and adds one position Supervisor-Family Support
Services and two Supervisor-Clerical Support
Services or Family Support Enforcement Officer III
thereby leavinq the total unchanged - action
requested - WAIVE READING OF THE ORDINANCE.
22. Introduction of salary ordinance amendment - Mental
Health - General Services adds three Data Entry
Operator II, I as approved in final budget to meet
workload requirements - action requested - WAIVE
READING OF THE ORDINANCE.
23. Introduction of salary ordinance amendment - the
Assessor's Office as part of the budget revision
deletes one Assistant Assessor; adding thereto one
Chief Appraiser - action requested - WAIVE READING
OF TF~E ORDINANCE .
Page 332
September 28, 1993
~eptember 28, 1993
93-346 24. Adoption of an ordinance establishinq speed limits
on certain roads within the County of Butte
(Vehicle Code Section 22358) - the Department of
Public Works has completed traffia etudies on South
Villa Avenue (Grubbs Road to Palermo Honcut
Highway) and Dos Rios Road (Biqqs-East Highway to
0.70 miles north) and recommends a prima facie
speed limit of forty-five (45) miles per hour be
established - action requested - ADOPT ORDINANCE
3090 AND AUTHORIZE THE CHAIR TO SIGN.
25. Landlord waiver and consent agreement - Northern
Telecom Finance Corporation/ General Cellular
Corporation (Butte County Cellular License
Corporation) - the agreement provides for grantinq
a lien and security interest on Butte County
Cellular License Corporation's leasehold interests
on County property located at 479 East Park Avenue,
Chico to Northern Telecom Finance Corporation
(NTFC) as part of a financinq aqreement between the
two corporations - action requested - APPROVE THE
LANDLORD WAIVER AND CONSENT AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
26. 1993/94 California Department of Pesticide
Requlation - proposed is contract no. 93-0196
commencing July 1, 1993 through June 30, 1994 which
provides fundinq in the amount of $3,120 for (1)
monitorinq pesticides which cannot be detected by
current multi-residue screen techniques and (2) to
qather needed data on hiqh priority pesticides that
may have possible adverse health effects - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
27. 1993/94 Pesticfde residue samplinq aqreement -
under this agreement, Agricultural Department will
take residue samples of fresh produce for
Department of Pesticide Regulations to insure
safety of the general public. The Department will
pay the county no more than $120.00 for each
designated sample up to a maximum of ten
samples - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 333
September 28, 1993
^ r-.
93-346 28. Harlan, Jones and Scurlock - proposed is a renewal
of a lease agreement for 2,000 square feet of
office space at 2216 and 2218 Fifth Avenue,
Oroville for use by the Welfare Department's
Employment Training Programs. The term of the
lease is October 1, 1993 through September 30, 1994
with monthly lease payments of $0.60 per square
foot (Federal 50~/State 35~/Caunty 15$) - action
requested - APPROVE LEASE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
29. State Department of Mental Health - proposed is an
agreement to accept an allocation of $28,910 in
continuing Stewart McKinney PATH grant funds from a
Federal/State proqram which allows the Continuing
Care Services of the County's Mental Health
Department to provide case management and
representative payee services to clients who are
otherwise at risk of being homeless - action
requested - APPROVE GRANT APPLICATION, ACCEPT FUNDS
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL.
30. Butte County Mental Health/Colusa County Mental
Iiealth - a contract for the Butte County Mental
Health Psychiatric Health Facility to provide
inpatient services for specified residents of
Colusa County commencing July 1, 1993 through
June 30, 1994 in the maximwn amount of $9,450 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
31. Joe White, Healdsburg - proposed is the renewal of
a lease agreement for 578 Rio Lindo Avenue,
Suite 4, Chico, the office space is used by the
Butte County Mental Health Youth Treatment Services
staff. The term of the agreement is October 1,
1993 through September 30, 1994 in the maximum
amount of $13,478.56 which includes a$400
additional fee to cover the cost of some
remodeling - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
32. Parent Education Network (PEN) - the proposed
agreement provides parentinq classes, parent
support qroups, individual parent education
instruction, in-home parent education and staff
development for center staff related to parent
education. The term of the agreement is July 1,
1993 through December 31, 1993 in the maximum
amount of $10,688 (Federal) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 334
September 28, 1993
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September 28. 1993
93-346
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH TfiE
AMENDMENT OF ITEM 3.22, AND REMOVAL OF ITEMS
3.18, 3.29 AND 3.35.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-347
93-348
93-349
Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
Update on Sacramento leqislative and budget activities.
(UPDATE BY CHIEF ADMINISTRATIVE OFFICER ON AB 1519
[ISENBERG]) (106)
Butte County Economic Development Corporation (EDC):
1. AWARD THE CONTRACT FOR PREPARATION OF A TARGET
INDUSTRY AND BUSINESS STUDY TO ECONOMIC STRATEGIES
GROUPS FOR $31,500 PREDICATED UPON THE BUTTE COUNTY
ECONOMIC DEVELOPMENT CORPORATION CONTRIBUTING A
$2,400 LOCAL CASH MATCH THAT WOULD BE APPLIED
AGAINST THIS AMOUNT;
2. DIRECT STAFF TO PREPARE A CONTRACT WITH ECONOMIC
STRATEGIES GROUP AND AUTHORIZE THE CHAIR TO SIGN;
3. ACCEPT A$2,400 LOCAL CASH MATCH FROM THE BUTTE
COUNTY ECONOMIC DEVELOPMENT CORPORATION TO BE
UTILIZED TO MEET THE LOCAL CASH MATCH REQUIREMENTS
OF GRANT #93-EDBG-220. (132)
MOTION: I MOVE TO AWARD THE CONTRACT FOR PREPARATION
OF A TARGET INDUSTRY AND BUSINESS STUDY TO
ECONOMIC STRATEGIES GROUPS FOR $31,500
PREDICATED UPON THE BUTTE COUNTY ECONOMIC
DEVEIAPMENT CORPORATION CONTRIBUTING A $2,400
LOCAL CASH MATCH THAT WOULD BE APPLIED AGAINST
THIS AMOUNT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: DIRECT STAFF TO PREPARE A CONTRACT WITH
ECONOMIC STRATEGIES GROUP AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried}
Paqe 335
September 28, 1993
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September 28, 1993
93-349 MOTION: I MOVE TO ACCEPT A$2,400 LOCAL CASH MATCH
FROM THE BUTTE COUNTY ECONOMIC DEVELOPMENT
CORPORATION TO BE UTILIZED TO MEET THE LOCAL
CASH MATCH THAT WOULD BE APPLIED AGAINST THIS
AMOUNT. (CHECK FOR $2,400 PRESENTED TO CFiAIR
HOUX BY LEE CLEMENTS, BUTTE COUNTY EDC. CHAIR
HOUX, IN TURN, PRESENTED THE CHECR TO THE
TREASURER-TAX COLLECTOR)
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-350 Three acre loqginq exemption/ conversions - action
requested:
1. BOARD OF SUPERVISORS LETTER SUPPORTING MODIFIED
BOARD OF FORESTRY REGULATIONS SAFEGUARDING AGAINST
ABUSE OF EXEMPTIONS OR CONVERSIONS OF AREAS OF
TIMBERLAND LESS THAN THREE ACRES; AND
2. BOARD OF SUPERVISORS DIRECTION TO DIRECTOR-
DEVELOPMENT SERVICES AND COUNTY COUNSEL TO DEVELOP
OPTIONS FOR BOARD CONSIDERATION REGARDING A
POTENTIAL COUNTY ROLE IN ADMINISTRATION OF
EXEMPTIONS OR CONVERSIONS OF AREAS OF TIMBERLAND
LESS THAN THREE ACRES. (367)
MOTION: I MOVE TO REDRAFT THE SAME LETTER CHAIR
HOUX SENT TO THE BOARD OF FORESTRY (DATED
AUGUST 31, 1993), AND SEND IT ON BEHALF OF THE
BOARD OF SUPERVISORS.
S M
VOTE: 1 2 3 4 5(MOTION TABLED - REFER
TO MINUTE ORDER 93-366)
93-351 Chico Indian Rancheria - action requested - APPOINT A
BOARD COMMITTEE OF ONE OR TWO SUPERVISORS AND
REPRESENTATIVES OF VARIOUS COUNTY DEPARTMENTS TO
PARTICIPATE IN MEETINGS WITH REPRESENTATIVES OF HUD, THE
BUREAU OF INDIAN AFFAIRS, AND MEMBERS OF THE MAIDU
MECHOOPDA TRIBE REGARDING THE ESTABLISHMENT OF THE CHICO
RANCHERIA WITHIN THE COUNTY. (1470)
MOTION: I MOVE TO APPOINT A BOARD COMMITTEE OF
SUPERVISORS DOLAN AND MCLAUGHLIN, AND THEY IN
TURN WILL CALL UPON REPRESENTATIVES OF THE
VARIOUS COUNTY DEPARTMENTS TO PARTICIPATE IN
MEETINGS (OR AS RESOURCES FOR INFORMATION FOR
FEEDBACK AND ASSISTANCE) WITH REPRESENTATIVES
OF HUD, THE BUREAU OF INDIAN AFFAIRS, MEMBERS
OF THE MAIDU MECHOOPDA TRIBE, THE CITY OF
CHICO AND AFFECTED SCHOOL DISTRICTS REGARDING
THE ESTABLISHMENT OF THE CHICO RANCIiERIA
WITHIN THE COUNTY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 336
September 28, 1993
93-352 Presentation on Community Partnership Program,
Interaqency Council and CP Coalition collaboration in
addressing family violence problem in Butte County.
Discussion will include review of a MQuality of Life"
survey for Butte County. (1553) (PRESENTATION BY MIKE
DOCKREY, DIRECTOR, COMMUNITY PARTNERSHIP OF BUTTE COUNTY)
93-353 Tentative proposal for opting into Teeter method of
alternate tax apportionment - action requested -
TENTATIVE APPROVAL OF OPTING INTO TEETER PLAN AND
PROPOSED METHOD OF FINANCING (FINAL APPROVAL SET FOR
OCTOBER 12, 1993). (1929)
MOTION: I MOVE TO AUTHORIZE TENTATIVE APPROVAL OF
OPTING INTO TEETER PLAN AND PROPOSED METHOD OF
FINANCING.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-354 Aid for Families with Dependent Children (AFDC) savings
through additional Federal Greater Avenues for
Independence (GAIN) fundinq - action requested:
1. BOARD APPROVAL OF THE CONCEPT; AND
2. DIRECT THAT AN IMPLEMENTATION PLAN BE PREPARED AND
BROUGHT TO THE BOARD FOR APPROVAL. (2280)
MOTION: I MOVE FOR BOARD APPROVAL OF THE CONCEPT AND
DIRECT THAT AN IMPLEMENTATION PLAN BE PREPARED
AND BROUGHT TO THE BOARD FOR APPROVAL
CONTINGENT UPON THE DIRECTOR'S VERBAL
AGREEMENT THAT IF THE MONEY IS NOT THERE NEXT
YEAR, SHE WILL VOLUNTARILY DISASSEMBLE THE
EFFORT.
S 1K
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
RECESS: 10:15 A.M.
RECONVENE: 10:26 A.M.
Public Hearinqs and Timed Items
93-355 Public hearing - L& L Surveying - General Plan Amendment
from Public to Agricultural Residential and rezone (item
on which a negative declaration with mitiqation measures
regardinq environmental impact has been recommended) from
"U" (unclassified), FR-40 (foothill recreational - 40
acre parcels), and R-C (resource conservation) to PUD
(planned unit development), property located on the west
side of Pentz Road, opposite Runkle Reservoir Road,
identified as AP 041-470-054 and 055-310-007, Paradise.
(2920) (**00)
Paqe 337
September 28, 1993
93-355 MOTION: I MOVE TO ACCEPT THE RECOr~NDATIONS OF STAFF
MEMORANDUM DATED AUGUST 31, 1993; AND A. FIND
THAT: 1. AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT. ; 2. SAZD STUDY AND COI~IIKENTS
RECEIVED THEREON IDENTIFIED POTENTIAL
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE
PROJECT MAY HAVE HAD, BUT: (A) PROVISIONS IN
THE PROJECT PLANS OR PROPOSALS MADE BY OR
AGREED TO BY THE APPLICANT WOULD AVOID SUCH
EFFECTS OR MITIGATE SUCH EFFECTS TO THE POINT
WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR.; (B) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT
THE PROJECT AS REVISED MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT.; 3. THE GENERAL
PLAN AMENDMENT IS CONSISTENT WITH SURROUNDING
LAND USE DESIGNATIONS.; 4. SINCE THE 25 ACRES
ARE NOT PLANNED FOR PUBLIC USES, NOR OWNED BY
A PUBLIC AGENCY, THE PUBLIC DESIGNATION IS NO
LONGER VALID OR NECESSARY.; 5. THE REZONE TO
PUD IS CONSISTENT WITH THE GOAIS AND POLICIES
OF THE GENERAL PLAN TEXT AND MAP.; 6. THE
REZONE WILL FACILITATE COMPATIBILITY WITH THE
COUNTY'S GENERAL PLAN AND PROVIDE A
DEVELOPMENT THAT IS MORE IN CHARACTER WITH
AREA-WIDE DEVELOPMENT THAN THE APPROVED MOBILE
HOME PARK.; AND 7. THAT APPROVAL OF THE PUD
WILL NULLIFY THE 135 UNIT MOBILE HOME PARK,
EXCEPTING TFiE EXISTING 32 UNITS, AND REPLACE
THIS APPROVAL WITH A 56 UNIT PUD.; B. ADOPT A
NEGATIVE DECI~ARATION WITH MITIGATION MEASURES;
C. ADOPT RESOLUTION 93-143 APPROVING A
GENERAL PLAN AMENDMENT TO AGRICULTURAL
RESIDENTIAL ON AP 055-310-007 (ROBERT CONWAY);
AND D. ADOPT ORDINANCE 3091 REZONING TO PUD,
AND APPROVE A TENTATIVE SUBDIVISION MAP, FOR
PROPERTY IDENTIFIED AS AP 041-470-054, 055-
310-007 AND A PORTION OF 041-080-025 (ROBERT
CONWAY) SUBJECT TO THE FOLLOWING CONDITIONS
AND MITIGATION MEASURES.; PLANNING DIVISION
(PRIOR TO RECORDATION OF FINAL MAP) CONDITIONS
1 THROUGH 5; (PLACE THE FOLLOWING NOTES ON THE
FINAL MAP OR ADDITIONAL MAP SHEETS) CONDITIONS
6 THROUGH 12 (CONDITION NO. 11 AMENDED AS
FOLIAWS: ALL FENCING ON THE PROPERTY SHALL BE
CONSISTENT WITH THE DEPARTMENT OF FISH AND
GAME STANDARDS FOR DEER FENCING. FISH AND
GAME STANDARDS ARE NOT APPLZCABLE TO THE
RECREATIONAL FACILITIES SUCH AS THE POOL, BALL
Paqe 338
September 28, 1993
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93-355 FIELD AND TENNIS COURTS. SECURITY FENCING FOR
THE RECREATIONAL VEIiICLE PARKING AREA SHALL BE
APPROVED BY THE DEPARTMENT OF FISH AND GAME.;
(PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY
UNIT TI~E FOLIAWING SHALL BE VERIFIED)
CONDITIONS 13 AND 14; LAND DEVELOPMENT
DIVISION AND PUBLIC WORKS (THE FOLI,OWING ITEMS
SHALL BE COMPLETED PRIOR TO RECORDATION OF THE
FINAL MAP) CONDITIONS 15 THROUGH 40, AND
ENVIRONMENTAL HEALTH (THE FOLLOWING ITEMS
SHALL BE COMPLETED PRIOR TO RECORDATION OF THE
FINAL MAP) CONDITIONS 41 THROUGH 51.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-356 Public hearing - Jerry E. Morrison - consideration of an
appeal of the Development Review Committee's approval of
the Rick Peterson tentative subdivision map (proposed
negative declaration with environmental mitiqations), AP
39-46-24 and 40, 44 lots, property located on the south
side of Durham Dayton Highway, approximately 300 feet
west of Holland Avenue, Durham area - action requested -
OPEN HEARING AND CONTINUE OPEN TO TUESDAY, OCTOBER 12,
1993 AT 10:00 A.M.
Public hearing - NorthStar Enqineerinq on behalf of Rick
Peterson - consideration of an appeal of condition no. 18
(construct one-half street section on Holland Avenue from
the south line of Faber Avenue to Durham Dayton Highway
to the RS-2A road standard with vertical curb, gutter,
sidewalk, 2" AC, 8" AB, SC 250 prime coat, fog seal, and
95~ relative compaction. Submit design to Land
Development Division for approval prior to construction.
"R" value determinations and other data may be required
to support section design. Road section may be revised
with the approval of the Director of Public Works.) on
tentative subdivision map (proposed neqative declaration
with environmental mitiqations), AP 39-46-24 and 40, 44
lots, property located on the south side of Durham Dayton
Highway, approximately 300 feet west of Holland
Avenue, Durham area - action requested - OPEN HEARING AND
CONTINUE OPEN TO T[TESDAY, OCTOBER 12, 1993 AT 10:00 A.M.
(67) (PUBLIC HEARINGS OPENED AND CONTINUED OPEN TO
TUESDAY, OCTOBER 12, 1993 AT 10:00 A.M.)
93-357 Continued hearing - John A. Babcock - abandonment of a
right-of-way on Chico Canyon Road from Centennial Avenue
westerly, identified as AP 011-020-048, Chico - action
requested - CONTINUE OPEN UNTIL 10/26/93. (79) (HEARING
CONTINUED OPEN TO TUESDAY, OCTOBER 26, 1993 AT
10:30 A.M.)
Paqe 339
September 28, 1993
93-358 Small Counties Advisory Committee (SCAC) review - as
result of chanqes in the program, a Governance
Subcommittee of the SCAC has prepared preliminary
recommendations to chanqe from an advisory to a qoverning
organization - BOARD CONCURRENCE WITH THE PROPOSAL. (NO
ACTION TAKEN)
93-359 Consideration of a request to cross the one foot no
access strip alonq property frontage on Chico Canyon Road
(AP 011-020-101 and 011-020-102). (108j (CONTINUED TO
TCTESDAY, OCTOBER 26, 1993)
93-360 Consideration of a request for Board interpretation of
the P-Q (Public/Quasi-public) zone pursuant to code
section 24-20, Sub. Paraqraph (d). A request has been
made to the Development Services Department to allow
construction of a church in a P-Q zone - action
requested - FIND THAT QUASI-PUBLIC USES SHOULD BE ALIAWED
IN THE P-Q ZONE SUBJECT TO A CONDITIONAL USE PERMIT AND
THAT AN ACTION TO AMEND THAT P-Q ZONE BE INITIATED TO
REFLECT THE BOARD'S FINDINGS. (259)
MOTION: I MOVE TO FIND THAT QUASI-PUBLIC USES SHOULD
BE ALLOWED IN THE P-Q ZONE SUBJECT TO A
CONDITIONAL USE PERMIT (THE BOARD QUESTIONED
THAT USES NOW IN ZONE, SUCH AS SCHOOIS, DO NOT
NEED CONDITIONAL USE PERMITS) AND THAT AN
ACTI~N TO AMEND THAT P-Q ZONE BE INITIATED TO
REFLECT THE BOARD'S FINDINGS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Public He
93-361 Public Hearing arinqs a
- Butte nd Timed
County Items
Board of Supervisors -
Canyon Park Estates II - consideration of an application
to rescind a Specific Plan (item not subject tc
environmental review) on property zoned "U"
(unclassified), located east of Hiqhway 32 at Humboldt
Road intersection, AP 063 -300-017, 154, 156, 157, 158 and
001-040-004 and 023, five miles east of Chico. (390)
MOTION: I MOVE TO FIND THAT THE REQUESTED ACTION IS
NOT CONSIDERED A PROJECT UNDER THE PROVISIONS
OF CEQA, AND ADOPT RESOLUTION 93-144
RESCINDING THE CANYON PARK ESTATES II SPECIFIC
PLAN ON AP 063-300-017, 154, 156, 157, 158 AND
011-040-004, 023.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 340
September 28, 1993
September 28, 1993
Reqular Aqenda
93-362 Items removed from the Consent Aqenda for Board
consideration and action.
1. Public Guardian - urqes support of AB 120 which
would establish a method of collectinq from private
conservators a fee of $100 to be payable into a
special fund for use by the Public Guardian -
action requested - APPROVE AB 120 AND AUTHORZZE THE
CHAIR TO SIGN LETTER OF SUPPORT. (478)
MOTION: I MOVE TO SEND A LETTER ON BEHALF OF THE BOARD
IN SUPPORT OF AB 120 AND AUTHORIZE THE CHAIR
TO SIGN.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 N(Motion Carried)
2. Pre-application review procedures for use permits
and variances - Board resolution 90-12 adopted pre-
application review procedures for use permits and
variances - the Development Services Department
proposes revisinq the pre-application procedures to
reduce costs and time delays for applicants -
RESCIND RESOLUTION 90-12 AND ADOPT A RESOLUTION TO
AMEND THE PRE-APPLICATION REVIEW PROCEDURES. (636)
MOTION: I MOVE TO RESCIND RESOLUTION 90-12 AND ADOPT
RESOLUTION 93-145 TO AMEND PRE-APPLICATION
REVIEW PROCEDURES WITH DIRECTION THAT GENERAL
PLAN CONFORMANCE REPORT FORMS HAVE CLEAR
DISCLAIMER INDICATING THAT LATER THE FULL
REVIEW MAY FIND THE APPLICATION INCONSISTENT,
AND THAT THE INFORMATION SUBMITTED BY
APPLICANT BE RETAINED IN THE FILE THROUGHOUT
THE PROCEDURE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO MODIFY THE CURRENT PROCESS OF
REQUIRING GENERAL PLAN CONFORMANCE REPORTS AS
A MANDATORY ELEMENT OF APPLICATION SUBMITTAL
BY MAKING SUCH REPORTS OPTIONAL AT THE
APPLICANT~S DISCRETION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Paqe 341
September 28, 1993
93-363 Public hearinq - consideration of the following:
1. A proposed ordinance addinq Article VI to Chapter 3
of the Butte County Code reqardinq fees charqeable
by the Aqricultural Commissioner - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN.
2. A proposed ordinance amending Section 2-11.3 of the
Butte County Code settinq specified County Recorder
fees for providing products and services - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (818)
MOTION: I MOVE TO ADOPT ORDINANCE 3092 AMENDING
SECTION 2-11.3 OF THE BUTTE COUNTY CODE
SETTING SPECIFIED COUNTY RECORDER FEES FOR
PROVIDING PRODUCTS AND SERVICES AND AUTHORIZE
THE CHAIR TO SIGN; RESCIND AUTHORIZATION FOR
ELIMINATION OF THREE POSITIONS EFFECTIVE
11-20-93 (TWO OFFICE ASSISTANT I, II AND ONE
MICROGRAPHICS TECHNICIAN), AND ONE 50 PERCENT
POSITION EFFECTIVE 10-23-93 (50 PERCENT
MICROGRAPHICS TECHNICIAN); AND APPROPRIATE
UNANTICIPATED REVENUE TO THE SAI~ARIES AND
BENEFITS ACCOUNTS OF THE RECORDER'S BUDGET.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO ADOPT ORDINANCE 3093 ADDZNG
ARTICLE VI TO CHAPTER 3 OF THE BUTTE COUNTY
CODE REGARDING FEES CHARGEABLE BY THE
AGRICULTURAL COMMISSIONER AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Paqe 342
September 28, 1993
September 28, 1993
Reqular Aqenda
93-364 Items removed from the Consent Aqenda for Board
consideration and action.
1. 1993/94 Annual Work Plan for Animal Damage
Control - the proposed aqreement with the State
Department of Food and Aqriculture, the State
Department of Health Services, and the Federal
Animal Damaqe Control proqram in the amount of
$36,270 provides trapper services for depredatinq
wild animals and rabies control, includinq trappinq
of skunks. The County share is approximately 59~
of the total cost per staff month. ADC will
provide all proqram supervision, administration and
equipment - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO
SIGN. (1220)
MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE
AGRICULTURAL COMMISSIONER TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-365 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FI~TE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TARING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (NONE)
RECESS: 11:17 A.M.
RECONVENE: 11:48 A.M.
93-366 Three acre loqqinq exemption/ conversions - action
requested:
1. BOARD OF SUPERVISORS LETTER SUPPORTING MODIFIED
BOARD OF FORESTRY REGULATIONS SAFEGUARDING AGAINST
ABUSE OF EXEMPTIQNS OR CONVER5I~NS OF AREAS OF
TIMBERLAND LESS THAN THREE ACRES; AND
2. BOARD OF SUPERVISORS DIRECTION TO DZRECTOR-
DEVEIAPMENT SERVICES AND COUNTY COUNSEL TO DEVELOP
OPTIONS FOR BOARD CONSIDERATION REGARDING A
POTENTIAL COUNTY ROLE IN ADMINISTRATION OF
EXEMPTIONS OR CONVERSIONS OF AREAS OF TIMBERLAND
LESS THAN THREE ACRES. (1262)
Page 343
September 28, 1993
93-366 MOTION: I MOVE TO AMEND THE MOTION (MINUTE ORDER 93-
350) TO REDRAFT THE SAME LETTER CHAZR HOUX
SENT TO THE BOARD OF FORESTRY (DATED AUGUST
31, 1993) WITH THE REMOVAL aF ITEM 2.
"RE4UIRE THE LAND OWNER TO SUBMIT
CERTIFICATION....", AND SEND IT ON BEHALF OF
THE BOARD OF SUPERVISORS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: FOR THE RECORD, I MOVE THAT NO ACTION BE TAKEN
ON ITEId 4. 04 ( 2) AT THIS TIME .
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-367 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (NONE)
93-368 CLOSED SESSION: The Hoard recessed at 12:02 p.m. to
a closed session pursuant to
Government Code Section 54956.9(a)
(Proveaux, et al. v. City of Chico,
County of Butte, et al.), and
pursuant to Government Code Section
54957.6 (meet and confer).
RECONVENE: The Board reconvened at 12:45 p.m.
followinq a closed session pursuant to
Government Code Section 54956.9(a)
(Proveaux, et al. v. City of Chico,
County of Butte, et al.) and pursuant to
Government Code Section 54957.6 (meet and
confer). (NO ANNOUNCEMENTS)
Paqe 344
September 28, 1993
~eptember 28. 1993
Communi~~~ions
93-369 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Thomas J. Lando, City Manager, Executive Director,
Chico Redevelopment Agency - forwards to the Board
notification for the Joint Public Hearinq between
the Chico Redevelopment Aqency and the Chico City
Council on the Redevelopment Plan for the Greater
Chico Urban Area Redevelopment Project Area. The
meeting has been scheduled for Thursday,
October 7, 1993 at 7:30 p.m. in the Council
Chamber of the Chico Municipal Center. (REFER TO
CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL)
b. Peter Licari, Chairman, Sutter County Board of
Supervisors and Bob Barkhouse, Yuba City
Councilman - write the Board that they are
interested in explorinq the concept of forming a
new Council of Governments in lieu of SACOG, and
are contacting counties that they feel share a
common community base to solicit their views. A
meeting has been scheduled on Wednesday,
September 22, 1993 at 2:00 p.m. in the Sutter Room
at the Yuba City Hall, Yuba City. (REFER TO CHIEF
ADMINISTRATIVE OFFICER AND BUTTE COUNTY ASSOCIATION
OF GOVERNMENTS [BCAG])
c. Jim Greene, Coordinator, Neighborhood Watch,
Chico - submits a letter to request the Board of
Supervisors to initiate the reformation of County
Service Area No. 20 (Mulberry Street Lighting).
(REFER TO CHIEF ADMINISTRATIVE OFFICER AND COUNTY
COUNSEL)
d. A1 Beltrami, Deputy Director, Intergovernmental
Affairs, Governor's Office, State of California -
advises the Board that the Governor has signed AB
1827 (Sher) to allow for maximum flexibility in the
administration federal mandates on landfills and
their operators. (REFER TO DIRECTOR-PUBLIC WORKS,
DIRECTOR-PUBLIC HEALTH)
e. Thomas B. Cook, Deputy Director, State Department
of Housinq and Community Development - submits its
review of the County's housing element, adopted on
May 11, 1993. (REFER TO DIRECTOR-DEVELOPMENT
SERVICES AND CHIEF ADMINISTRATIVE OFFICER)
Paqe 345
September 28, 1993
~
September 28. 1993
93-369 f. Dave Kilbourne - writes reqarding one-half acre lot
split with subdivision requirements on a project at
2380 Alamo Avenue, Chico. (REFER TO DIRECTOR-
DEVELOPMENT SERVICES)
q. David & Son Drillinq Co. - writes regarding
clarification on easements and access to property
for purposes of drilling a well. (REFER
ENVIRONMENTAL HEALTH)
ADJOURNMENT: There being no further business before
the Board, the meetinq was ad j ourned at
12:45 p.m. to reconvene on Tuesday,
October 12, 1993 at 9:00 a.m.
l ~_ ,/
/ ~-f i ~ ~ , ",~-f.,t -C
MARY E HOUX, CHAIR
Board of supervisors
ATTEST:
JOHN S. BLACK K, Chief Administrative Officer
and1Clerk o~he Board of Supervisors
By: l~ ~,~. _ ' ~~~- ~
Paqe 346
September 28, 1993