HomeMy WebLinkAboutM110993November 9. 1993
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Meyer, Dolan,
McLaughlin, Thomas and Chair Houx. 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.
Thank you by Chair Houx, on behalf of the Board, to the
citizens of Butte County who voted to support Proposition
172, and special, warm, heartfelt thanks to the group of
citizens, chaired by Hank Marsh, of Chico, who worked
very diligently and quietly to qet Proposition 172 passed
locally.
Consent Agenda
93-410 1. Approval of minutes - action requested - APPROVE
MINUTES OF OCTOBER 26, 1993.
2. Budqet transfers - action requested - APPROVE
BUDGET TRANSFERS B-35 (PLANNING), B-36 (FISH AND
GAME), 8-37 (MENTAL HEALTH/GENERAL), B-38 (PUBLIC
WORKS), B-39 (SUPERIOR COURT}, B-41 (PUBLIC
HEALTH), AND B-42 (PUBLIC HEALTH).
3. County Library donations - in accordance with
Government Code Section 25355, donations of $1,150
from Chico Friends of the Library, $400 from
Greater Northstate Mensa, Paradise, $175 from
Kristi M. Youngdahl, Paradise and $100 from Mary
Regester, Concord have been received for the Butte
County Library Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
4. Butte County Mosquito and Vector Control District -
action requested - REAPPOINT LYNN VANHART
(DISTRICT 1) TO A FOUR YEAR TERM TO EXPIRE
DECEMBER 31, 1997.
Page 382
November 9, 1993
93-410 5. Kimshew Cemetery District - action requested -
APPOINT EDNA THELANDER (DISTRICT 5) TO SERVE UNTIL
JULY 1, 1996.
6. Oroville Wyandotte Irriqation District - proposed
is a property tax exchange agreement for Lombardi
Annexation (LAFCo 94-08) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
7. County Service Area No. 155 (Laurelwood Estates
Subdivision) - the Local Aqency Formation
Commission has approved the formation of the county
service area to provide street liqhtinq and storm
drainaqe maintenance pursuant to Government Code
Section 25210.14 - action requested - ADOPT
RESOLUTION 93-166 AND AUTHORIZE THE CHAIR TO SIGN.
8. Fish and Game Commission - Bcard authorization is
requested to purchase an electrofisher and
peripheral equipment in the maximum amount of
$3,500 (restricted funds). Budget transfer B-36
has been prepared for the necessary
appropriation - action requested - APPROVE PURCHASE
OF FZXED ASSET ITEMS.
9. Award of bid no. 12-94 ( jail furnishinqs) - bids
have been opened for the major furnishings for the
new jail housinq units with the low bidders being
Dietler Enterprises, Sacramento in the amount of
$3,486 for 470 safety hooks and $1,768 for 128
security mirrors, and Arizona Correctional
Industries in the amount of $114,830.09 (State Jail
Bond Act) for jail security equipment including
desks, stools, tables and bunks - action
requested - AWARD BID.
10. Award of bid no. 10084 (4-wheel drive utility
vehicle) - bids have been opened in the Purchasinq
Office for a Ford Explorer 4-wheel drive vehicle
for the Public Works Department with the low bidder
being Wittmeier Auto Center, Chico in the amount
of $21,611.56 (road funds) - action requested -
AWARD BID.
11. Award of bid no. F-40 (District Attorney-Family
Support Division computers) - bids have been opened
for the lease/purchase of seven IBM
clone/compatible computers and one Hewlett Packard
LaserJet 4L or compatible printer with the low
bidder meeting specifications beinq Start with
Software, Chico in the total amount of $11,801.51
(Federal/State) - action requested - AWARD BID TO
START WITH SOFTWARE AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO SIGN THE LEASE AGREEMENT.
Paqe 383 November 9, 1993
November 9, 1993
93-410 12. 1992-93 report of local aqency improvement fees by
special district - the Auditor-Controller submits
the report pursuant to Government Code Section
66006 - action requested - ACCEPT FOR INFORMATION.
13. Public Health - notification has been received from
the State Department of Health Services that
effective October 1, 1993 the County~s Women,
Infants and Children (WIC) Proqram cases will
increase from 3,500 to 4,000 per month. In order
to effectively handle the increased caseload, it
will be necessary to add one Public Health
Assistant position. 100~ of the cost of this
position will be reimbursed by the State - action
requested - RECOGNIZE UNANTICIPATED REVENUE AND
DIRECT THE DIRECTOR-PERSONNEL TO APPROPRIATELY
AMEND THE COUNTY'S SALARY ORDINANCE.
14. Butte County Fair - 1993 budqet - Board
authoriaation is requested for an inter-budget
transfer in the amount of $49,437 to brinq the
budqet accounts into balance for the end of the
1993 fiscal year - action requested - APPROVE
BUDGET TRANSFER 1993-1 AND AUTHORIZE THE CHAIR TO
SIGN.
15. Butte County Fair - 1994 proposed budqet - Board
approval is requested of the Fair's budqet in the
amount of $652,912. The Division of Fairs and
Expositions is requiring fairs to budqet no more
than the averaqe revenue over the past three years,
and to budget a minimum of 15~ for a reserve based
on projected expenditures. This budqet stays
within the revenue parameters, and reflects that
level of projected reserve required - action
requested - APPROVE BUDGET AND AUTHORIZE THE CHAIR
TO SIGN.
16. Butte County Overall Economic Development, Inc. -
the County applied for and received two planning
and technical assistance qrants from the State
Department of Housing and Community Development.
Proposed is an agreement to administer block qrants
no. 92-EDBG-197 for $29,100 (for preparation of a
preliminary infrastructure engineerinq and
financinq assessment for the industrial land within
the North Chico Specific Plan Area), and no. 93-
EDBG-220 for $29,100 (for the preparation of a
tarqet industry and business study) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
Paqe 384 November 9, 1993
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November 9, 199~
93-410 17. Introduction of a salary ordinance amendment
addinq ten positions (six Social Worker III, II,
one Social Worker Supervisor, two Office Assistant
II, I and one Senior Account Clerk or Account
Clerk) to the Greater Avenues for Independence
(GAIN) Division based upon enhanced Federal fundinq
(budget transfer B-28 approved by the Board on
October 12, 1993) - action requested - WAIVE
READING OF THE ORDINANCE.
18. Resolutions reqarding modified public office hours
for specified County departments (Agricultural
Commissioner, Air Pollution Control, Assessor,
Auditor-Controller, County Clerk/Reqistrar of
Voters, Develapment Services, Library, North County
Municipal Court, Recorder, Treasurer-Tax Collector,
General Services, Personnel, Public Guardian, South
County Municipal Court, Welfare Department) -
action requested - ADOPT RESOLUTIONS 93-167, 93-
168, 93-169, 93-170, 93-171, 93-172, 93-173, 93-
174, 93-175, 93-176, 93-177, 93-178 AND AUTHORIZE
THE CHAIR TO SIGN.
19. Notice of completion - construction of pavement
overlays on various County roads, County contract
no. AC-93-1 - pavinq overlays on Durham Dayton
Hiqhway, Skyway and Forbestown Road have been
completed in accordance with the plans and
specifications - action requested - ACCEPT
PROJECT, AUTHORIZE CHAIR TO SIGN THE NOTICE OF
COMPLETION, AND AUTHORIZE FILING OF NOTICE OF
COMPLETION.
20. Notice of completion - reconstruction of various
County roads, County contract no. LT-93-1 -
reconstruction of portions of Nelson Road, West
Sacramento Avenue and Carmen Lane have been
completed in accordance with the plans and
specifications - action requested - ACCEPT PROJECT,
AUTHORIZE CHAIR TO SIGN NOTICE OF COMPLETION, AND
AUTHORIZE FILING OF NOTICE OF COMPLETION.
Page 385
November 9, 1993
November 9. 1993
93-410 21. Policy Academy for County Collaboratives - the
Policy Academy is an innovative strateqic planning
process, funded by the Foundation Consortium for
School-Linked Services, that is designed to
increase local capacity to inteqrate policies and
services targetinq children and families. The
specific purpose of the Academy is to qive county
and school officials, alonq with other community
service providers, the opportunity to pursue
options for refinancing and reorqanizing services
for children and families in order to make these
services more effective. There is no cost to the
county for participation - action requested - ADOPT
RESOLUTION 93-179 SUPPORTING THE BUTTE COUNTY
COLI~ABORATIVE NETWORK'S APPLICATION TO THE POLICY
ACADEMY AND AUTHORIZE THE CHAIR TO SIGN.
22. Robert A. Glusman, attorney at law - proposed is
a one year renewal of an aqreement to retain
attorney services for court appearances and
hearings for the Public Guardian's Office, advisinq
the Mental Health and Welfare Departments and
representinq the County in litiqation as assiqned
by County Counsel and approved by the Board -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
23. State Board of Corrections/Butte County Jail -
amendment no. 5- the amendment chanqes the method
of receiving Jail Bond Act funds from the quarterly
advance method to the monthly payment basis. The
amendment does not impact the amount of the
contract - action requested - APPROVE AMENDMENT
NO. 5 AND AUTHORIZE THE CHAIR TO SIGN.
24. International City Management Association
Retirement Corporation (ICMA) - proposed is an
administrative services aqreement which replaces
the in-force "trust aqreement" for the 457 program.
The aqreement does not alter the relationship
between ICMA and the County, nor does it obliqate
the County for any fees associated with the
proqram. The aqreement identifies the specific
administrative services provided by ICMA which were
not included in the original "trust agreement" -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
Page 386
November 9, 1993
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93-410 25. Community Concepts, Inc. - the proposed contract
establishes an aqreement between the County and the
consultant, Community Concepts, Inc. to prepare an
environmental impact report (EIR) on a proposed
General Plan Amendment (Gateway Chico). The aqreed
upon fee of $26,632 for the completion of the EIR
has been deposited by the applicant, Blakely
Western - action requested - APPROVE BUDGET
TRANSFER B-35 AND CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
26. 1993-94 application for Rural Health Services - 100
percent State funds will be available to the County
to partially offset the cost of providinq
uncompensated medical care to County residents. A
portion of the funds are utilized to provide
medical treatment services to children diaqnosed
with problems in the Child Health and Disability
Prevention (CHDP) Program (hospital allocation,
$121,520; physician allocation, $28,483; other
allocation, $40,490; and child treatment
allocation, $155,858/total $346,351) - action
requested - APPROVE APPLICATION AND AUTHORIZE THE
CHAIR TO SIGN.
27. State Department of Health Services - counties may
enter into agreements with the State for the
administration of specific portions of the Rural
Health Services (RHS) Program. The State will
utilize a portion of available RHS funds to cover
its expenses (no County cost) - action requested -
APPROVE DECLARATIONS OF INTENT TO CONTRACT WITH
STATE FOR HOSPITAL SERVICES ACCOUNT, PHYSICIAN
SERVICES ACCOUNT AND CHILD HEALTH AND DISABILITY
TREATMENT PROGRAM AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
28. Regents of the University of California - under the
proposed agreement, the University of California at
Santa Barbara provides the technical assistance
needed to maintain and update the Automated Vital
Statistics System (AVSS). By utilizing AVSS, much
of the birth reqistration process is automated.
The term of the aqreement is July 1, 1993 throuqh
June 30, 1994 and is in the maximum amount of
$2,500 (Vital Records Improvement Trust Fund) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND AUDITOR-CONTROLLER.
Page 387
November 9, 1993
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93-410 29. Oroville Express Service - amendment no. 1-
proposed is an amendment to the aqreement to revise
the service hours and expand the service area in
order to best serve the elderly and disabled within
the Oroville Area. There is no additional cost to
provide this service, which was approved by the
Oroville City Council on October 26, 1993 - action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
30. Plan for complementary paratransit service under
the Americans with Disabilities Act (ADA) for
public transit operators in Butte County - on
July 23, 1992 the Butte County Association of
Governments adopted the ADA Plan for public
operators in Butte County. It is also necessary
for the Board of Supervisors, as the "operating
agency" for Butte County Transit and Oroville Area
Transit fixed route service, to adopt the ADA
Plan - action requested - ADOPT PLAN AND AUTHORIZE
THE DIRECTOR-PUBLIC WORKS TO SIGN THE JOINT PLAN
CERTIFICATIONS.
31. Bi-annual monitorinq proqram report of AB 1246
Domestic Violence Proqram for fiscal years 1991-92
and 1992-93 - the review and conclusion of the
report is that the County is well served by
Catalyst: Women's Advocates, Inc. through their
carinq and professional provision of services to
families afflicted with domestic violence - action
requested - APPROVE PROGRAI+I MONITORING REPORT FOR
THE CATALYST: WOMEN~S ADVOCATES, INC. DOMESTIC
VIOLENCE PROGRAM FOR FISCAL YEARS 1991-92 and
1992-93.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Reqular Aqenda
93-411 Appointments - commissions and committees.
a. Appointments to committee vacancies. (93) (NONE)
Paqe 388
November 9, 1993
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93-411
b. Appointment of nominees where a declaration of
candidacy form has not been filed for the
November 2, 1993 Consolidated Special Election -
action requested - MAKE APPOINTMENTS TO BERRY CREEK
COMMUNITY SERVICES DISTRICT (THREE POSITIONS OPEN),
DRAINAGE DISTRICT ~100 (ONE POSITION OPEN), TABLE
MOUNTAIN IRRIGATION DISTRICT (ONE POSITION OPEN),
AND ROCK CREEK RECLAMATION DISTRICT (ONE POSITION
OPEN).
MOTION: I MOVE TO REAPPOINT SUSAN GASTON AND APPOINT
LISA HUBACER TO BERRY CREER COMMUNITY 5ERVICES
DISTRICT (TERMS TO EXPIRE NOVEMBER 28,
1997); REAPPOINT LAWRENCE O. GRELL TO DRAINAGE
DISTRICT #100 (TERM TO EXPIRE NOVEMBER 28,
1997); REAPPOINT JEANNE CHAFFIN TO TABLE
MOUNTAIN IRRIGATION DISTRICT (TERM TO EXPIRE
NOVEMBER 28, 1997); AND REAPPOINT BOB HENNIGAN
AND APPOINT BRUCE MCGOWAN TO ROCK CREEK
RECLAMATION DISTRICT (TERMS TO EXPIRE NOVEMBER
28, 1997).
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-412 County Courts Building - a presentation will be made on
the planning, desiqn (Michael Ross • Charles Drulis
Architects & Planners in association with Dreyfuss &
Blackford Architects}, and financing (Brown & Wood, bond
counsel) of the buildinq addition - action requested:
A. SELECT NSCHEME D~ AS THE OPTIMUM PLAN FOR EXPANSION
OF THE NEW COURT BUILDING WITH "SCHIIdE A" BEING THE
ALTERNATE PLAN;
B. AUTHORIZE A LETTER BE DIRECTED TO THE ARCHITECTS TO
COMMENCE PHASE II DESIGN SERVICES PURSUANT TO TERMS
OF THE AGREEMENT WITH THEM;
C. AUTHORIZE A BUDGET TRANSFER TO COVER PHASE II
DESIGN SERVICES WITH FUNDING COMING FROM THE
COURTHOUSE CONSTRUCTION FUND; AND
D. AUTHORIZE THE CHAIR TO SIGN A RESOLUTION
AUTHORIZING THE EXECUTION, SIGNING, AND DELIVERY OF
NECESSARY DOCUMENTS TO PROCEED WITH COURTHOUSE
FUNDING TO INCLUDE E5TABLISHIdENT OF A PUBLIC
FACILITIES FINANCING CORPORATION. (128)
Paqe 389
November 9, 1993
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November 9, 1993
93-412 MOTION: I MOVE TO SELECT "SCHEME D" AS THE OPTIMUM
PLAN FOR EXPANSION OF THE NEW COURT BUILDING
WITH "SCHEME A" BEING THE ALTERNATE PLAN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO AUTHORIZE A LETTER BE DIRECTED TO
THE ARCHITECTS TO COZlI~IENCE PHASE II DESIGN
SERVICES PURSUANT TO TERMS OF THE AGREEMENT
WITH THEI~I.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO AUTHORIZE A BUDGET TRANSFER IN THE
AMOUNT OF $322,000 TO COVER PHASE II DESIGN
SERVICES WITH FUNDING COMING FROM THE
COURTHOUSE CONSTRUCTION FUND.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO AUTHORIZE THE CHAIR TO SIGN
RESOLUTION 93-180 AUTHORIZING THE EXECUTION,
SIGNING, AND DELIVERY OF NECESSARY DOCUMENTS
TO PROCEED WITH COURTHOUSE FUNDING TO INCLUDE
ESTABLZSHIdENT OF A PUBLIC FACILZTIES FINANCING
CORPORATION.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Public Facilities Financinq Cornoration
93-413 Recess at 9:35 a.m. as Board of Supervisors and convene
as the Public Facilities Financinq Corporation Board of
Directors. Directors Meyer, Dolan, McLauqhlin, Thomas
and Chair Houx present.
A. RECEIVE REPORTS FROM BOND COUNSEL;
B. APPROVE ARTICLES OF INCORPORATION, BY-LAWS,
DESIGNATION OF OFFICERS, APPLICATION FOR TAX EXEMPT
STATUS, APPOINTMENT OF COUNSEL, AND FINANCING
RESOLUTION 93-01 AND AUTHORIZE THE CHAIR TO SIGN.
Paqe 390
November 9, 1993
93-413 MOTION: I MOVE TO APPROVE THE BY-LAWS (DESIGNATION OF
OFFICERS) OF THE PUBLIC FACILITIES FINANCING
CORPORATION.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO AUTHORIZE FILING AN APPLICATION FOR
TAX EXEMPT STATUS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I I~IOVE FOR THE APPOINTMENT OF BROWN & WOOD AS
SPECIAL COUNSEL TO THE CORPORATION.
S K
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO ADOPT FINANCING RESOLUTION 93-O1 AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
(ARTICLES OF INCORPORATION FILED BY BROWN & WOOD WITH THE
SECRETARY OF STATE)
Adjourn at 9:48 a.m. as the Public Facilities Financinq
Corporation Board of Directors and reconvene as the Board
of Supervisors.
(CHAIR HOUX NOT PRESENT; VICE CHAIR MCLAUGHLIN PRESIDING)
93-414 Greater Chico Urban Area Redevelopment Project Area
(GCUARPA) - action requested - ADOPT RESOLUTION OF THE
BOARD DECLARING ITS INTENTION TO SEEK AMENDMENT OF THE
REDEVELOPMENT PLAN FOR GCUARPA TO INCLUDE AN EARLIER
ADOPTED RESOLUTION 93-181 CLARIFYING THE PLAN, SUBJECT
TO EXCEPTZONS AND AUTHORIZE THE CHAIR TO SIGN. (1421j
MOTION: I MOVE TO ADOPT RESOLUTION 93-181 (TO INCLUDE
THE CORRECTION OF 1994 AT THE BEGINNING OF
PAGE 2) CLARIFYING THE PLAN, SUBJECT TO
EXCEPTIONS AND AUTHORIZE THE VICE CHAIR TO
SIGN.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried)
Paqe 391
November 9, 1993
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November 9. 1993
RECESS: 9:55 A.M.
RECONVENE: 10:08 A.I~. (CHAIR HOUX PRESIDING)
93-415 County Service Area (Mulberry District) - Chair Houx and
Supervisor polan request the adoption of a resolution
applying to the Butte County Local Aqency Formation
Commission (LAFCo) for approval of the establishment of
a county service area to provide street liqhtinq in
Chapmantown (Mulberry District), pursuant to Government
Code Section 25210.13 - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1630)
MOTION: I MOVE TO ADOPT RESOLUTION 93-182 WITH THE
BOUNDARIES (FAIR STREET, TWENTY-FIRST STREET,
EIM STREET AND TWENTY-THIRD STREET) AMENDED TO
INCLUDE RIGHTS-OF-WAY ON BOTH SIDES OF THE
ROADWAYS, AND RESIDENTIAL PARCEIS IN THE
UNINCORPORATED AREAS (NOT CURRENTLY IN COUNTY
SERVICE AREA NO. 114) THAT WILL BENEFIT FROM
STREET LIGHTING.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
93-416 Recess at 10:18 a.m. as Board of Supervisors and convene
as the Air Pollution Control District Board of Directors.
Present: Directors Meyer, Dolan, McLaughlin, Thamas and
Chair Houx.
A. Approval of minutes - action requested - APPROVE
MINUTES OF OCTOBER 12, 1993.
MOTION: I MOVE TO APPROVE MINUTES OF OCTOBER 12, 1993.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
B. Public hearinq - Air Pollution Control District -
consideration of new rule 1101 (Title V- Federal
Operatinq Permits), proposed amended Rule 403
(Permit to Operate), and proposed amended Rule 404
(Exemption to Rule 403) - action requested - ADOPT
RESOLUTION APPROVING RULE 1101 AND AMENDING RULES
403 AND 404 AND AUTHORIZE THE CHATR TO SIGN.
(1989)
Page 392
November 9, 1993
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93-416 MOTION: I MOVE TO ADOPT RESOLUTION 93-07 APPROVING
RULE 1101 AND AMENDING RULES 403 AND 404 AND
AUTHORZZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Adjourn at 10:22 a.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board of
Supervisors.
Reqular Agenda
93-417 Richardson Sprinqs Community Services District - action
requested:
A. ADOPT RESOLUTION DECLARING THE FORMATION OF THE
RICHARDSON SPRINGS COMMUNITY SERVICES DISTRICT; AND
B. PURSUANT TO GOVERNMENT CODE SECTIONS 61111 AND
61120, DESIGNATE THE FOLLOWING PERSONS AS THE
MEMBERS OF THE BOARD OF DIRECTORS OF THE DISTRICT:
LORI MATTHIAS, DENNIS SNYDER, HARRY COULOMBE, DAVID
CLOWSER AND STEVE GREGOR. (2182)
MOTION: I MOVE TO (A) ADOPT RESOLUTION 93-183
DECLARING THE FORMATZCIN OF THE RICHARDSON
SPRINGS COMMUNITY SERVICES DISTRICT; AND (B)
PURSUANT TO GOVERNMENT CODE SECTIONS 61111 AND
61120, DESIGNATE THE FOLLOWING PERSONS AS
MEMBERS OF THE BOARD OF DIRECTORS OF THE
DISTRICT: LORI MATTHIAS, DENNIS SNYDER, HARRY
COULOMBE, DAVID CLOWSER AND STEVE GREGOR.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-418 Update on Sacramento legislative and budget activities.
(2293) (JOHN S. BLACKIACK RECOGNIZED AND THANKED CHAIR
HOUX FOR HER ONGOING, TIRELESS EFFORTS TO INFORM THE
PUBLIC OF THE CONSEQUENCES OF FAILURE OF PROPOSITION 172.
HE FURTHER RECOGNIZED THE COUNTY~S PUBLIC PROTECTION AND
CRIMINAL JUSTICE SYSTEM, AND THE NOTED THAT THE FANTASTIC
JOB THEY DO WAS RECOGNIZED AND VALIDATED BY THE VOTERS'
APPROVAL OF PROPOSITION 172. THE ADMINISTRATIVE OFFICE
IS DEVELOPING A 1994 LEGISLATIVE PLATFORM FOR
PRESENTATION TO THE BOARD FOR APPROVAL EARLY IN 1994.)
Paqe 393
November 9, 1993
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93-419 Items removed from the Consent Aqenda for Board
consideration and action. (NONE)
93-420 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
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.) (2421) (NONE)
Public Hearings and Timed Items
93-421 Public hearinq - Neal Road Landfill - proposed is an
increase to commercial disposal fees at the Neal Road
Landfill to pay for environmental compliance programs and
to fund landfill constnxction costs - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2456)
MOTION: I MOVE TO ADOPT ORDINANCE 3104 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
RECESS: 10:39 A.M.
RECONVENE: 10:45 A.M.
93-422 Public hearinq - Behzad Askarinan - consideration of a
petition to cancel a land conservation (Williamson Act)
agreement on 400 acres (item on which a negative
declaration reqarding environmental impact has been
recommended), property located approximately 1/2 mile
west of Dunstone Drive, 1/2 mile north of Cox Lane, 1/2
mile east of Evita Way and two miles south of Grubbs
Road, identified as AP 027-180-010, east of Palermo.
(2925) (**00)
MOTION: I MOVE TO DENY THE CANCELI~ATION OF A LAND
CONSERVATION ACT CONTRACT FOR BEHZAD ASKARINAM
ON PROPERTY IDENTIFIED AS AP 027-180-010,
OROVILLE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 394
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November 9. 1993
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(SUPERVISOR MCLAUGHLIN NOT PRESENT)
93-423 Continued 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 mitigations), 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. (FROM 10-12-93)
Continued hearing - NorthStar Engineering on behalf of
Rick Peterson - consideration of an appeal of condition
no. 18 (construct one-half street section on Holland
Avenue from the south Iine 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
negative declaration with environmental mitigations), 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. (75)
MOTION: I MOVE TO ADOPT STAFF'S RECONII~IENDATION TO
REQUIRE THE FENCE MATERIAL TO BE CHAZN LINK,
BRICK, BLOCK OR SIMILAR MATERIAL, NOT WOOD,
AND BE CONSTRUCTED ALONG THE SOUTHERN AND
WESTERN PROPERTY LINES OF EACH PHASE PRIOR TO
ISSUANCE OF BUILDING PERMITS FOR ANY
RESIDENTIAL UNITS.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
MOTION: I MOVE TO DENY THE APPEAL TO REQUIRE
DEDICATION OF A 20 FOOT WIDE ALLEYWAY.
M S
VOTE: 1 Y 2 N 3 N 4 NP 5 Y (Motion Failed)
(THEREFORE THE TENTATIVE SUHDIVISION MAP IS DEEMED
CONDITIONALLY APPROVED AS CONDITIONALLY APPROVED BY THE
DEVELOPMENT REVIEW COMMITTEE ON AUGUST 30, 1993.
[GOVERNMENT CODE SECTION 66452.5(c)]).
Page 395
November 9, 1993
93-423 MOTION: I MOVE TO DENY THE APPEAL AND RETAIN CONDITION
NO. 18 (CONSTRUCT ONE-HALF STREET SECTION ON
HOLLAND AVENUE FROM THE SOUTH LINE OF FABER
AVENUE TO DURH~iM 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 TIiE APPROVAL OF THE DIRECTOR
OF PUBLIC WORKS.)
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
MOTION: FINDING THAT AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT WHICH IDENTIFIED POTENTIAL
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE
PROJECT MAY HAVE HAD, BUT PROVISIONS IN THE
PROJECT PLANS OR PROPOSALS MADE BY OR AGREED
TO BY THE APPLICANT WOULD MITIGATE SUCH
EFFECTS TO A POINT WHERE CLEARLY NO
SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD OCCUR
AND THAT THE PROPOSED NEGATIVE DECLARATION
WITH MITIGATION MEASURES HAS BEEN
INDEPENDENTLY REVIEWED, ANALYZED, AND
CONSIDERED AND REFLECTS THE INDEPENDENT
JUDGEMENT OF THE COUNTY OF BUTTE. THESE
MITIGATION MEASURES BEING ITEMS ~l THROUGH #5
OF THE PLANNZNG DIRECTOR~S REPORT OF JUNE 28,
I993. AISO FINDING THAT THE PROJECT IS IN
CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN
AND ZONING AS STATED IN THE PLANNING
DIRECTOR'S REPORTS OF JUNE 28, 1993 AND JULY
29, 1993, AND WILL NOT HA~TE AN EFFECT ON
WILDLIFE AND IS DEMINIMUS AND THAT APPROVAL OF
THE PROJECT WILL NOT BE DETRIMENTAL TO THE
HEALTH, SAFETY, OR WELFARE OF THE PEOPLE OF
BUTTE COUNTY PROVIDED THE REQUIRED CONDITIONS
ARE COMPLIED WITH. SUBJECT TO THESE FINDINGS,
I MAKE A MOTION TO ADOPT A NEGATIVE
DECLARATION WITH MITIGATION MEASURES AND
APPROVE THE TENTATIVE SUBDIVISION MAP FOR RICK
PETERSON ON AP 39-46-24 AND -40 TO CREATE 44
LOTS. APPROVAL SHALL BE SUBJECT TO PUBLIC
WORRS CONDITIONS 1 THROUGH 17, ENVIRONMENTAL
HEALTH DEPARTMENT CONDITIONS 18 THROUGH 25,
Page 396
November 9, 1993
~
November 9, 1993
93-423 PLANNING DIVISION CONDITIONS 26 THROUGH 28
(CONDITION 27 AMENDED AS FOLLOWS: PLACE THE
FOLLOWING NOTE ON THE FINAL MAP OR ADDITIONAL
MAP SHEET; "A SOLID FENCE OF CHAIN LINK,
BRICK, BLOCK OR SIMILAR MATERIAL, NOT WOOD, A
MINIMUM OF SIX FEET IN HEIGHT SHALL BE
INSTALLED ALONG THE SOUTHERN AND WESTERN
PROPERTY LINES OF EACH PHASE PRIOR TO ISSUANCE
OF BUILDING PERMITS FOR ANY RESIDENTIAL
UNITS." PHASING AS SHOWN ON THE TENTATIVE MAP
DATE STAMPED JANUARY 28, 1993, SHALL ALSO BE
PROVIDED ON THE FINAL MAP), AND MITIGATION
MEASURES 1 THROUGH 5.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
93-424 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)
93-425 CLOSED SESSION: The Board recessed at 12:00 p.m. to
a closed session for actual
litigation pursuant to Government
Code Section 54956.9(a) (Brewer v.
Butte County, and Williams v. County
of Butte, et al.). (SUPERVISOR
McLAUGHLIN PRESENT)
RECONVENE: The Board reconvened at 12:35 p.m.
following a closed session for actual
litigation pursuant to Government Code
Section 54956.9(a) (Brewer v. County of
Butte and Williams v. County of Butte, et
al.) (NO ANNOUNCEMENTS)
93-426 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Steve Keil, Leqislative Representative, California
State Association of Counties (CSAC) - encourages
the Board to support a resolution to amend the Fair
Labor Standards Act (FISA). (REFER TO CHIEF
ADMINISTRATIVE OFFICER AND DIRECTOR-PERSONNEL)
Paqe 397
Navember 9, 1993
November 9. 1993
93-426 b. Bob L. Willouqhby, County Director/Farm Advisor -
submits notification of his retirement effective
November 1, 1993. Bill Olson, Farm Advisor in
Butte County for the past twenty years, has been
appointed by the University of California as actinq
County Director effective November 1, 1993. (REFER
TO CHIEF ADMINISTRATIVE OFFICER)
c. William H. Hauselt, Livermore - forwards notice of
permitted use pursuant to Civil Code Section 813,
which was recorded in the Butte County Recorder's
Office on October 14, 1993. (REFER TO COUNTY
COUNSEL AND DIRECTOR-PUBLIC WORKS)
d. James M. Strock, Secretary for Environmental
Protection, California Environmental Protection
Agency - forwards the document "Draft Strateqic
Plan for Promoting the Environmental Industry in
California", and a notice of public meetinqs to
receive comments on the draft strateqic plan. They
request any additional comments in writing by
November 8, 1993. (REFER TO AIR POLLUTION CONTROL
DISTRICT, ENVIRONMENTAL HEALTH, AND DIRECTOR-PUBLIC
WORKS)
e. Raymond V. Whiteley, Soper-Wheeler Co., Strawberry
Valley - addresses the Board's October 1, 1993
letter [three acre logqinq exemption/conversions]
to the State Board of Forestry and the Board~s
actions leading to that letter. (REFER TO COUNTY
COUNSEL, DIRECTOR-DEVELOPMENT SERVICES, COUNTY FIRE
DEPARTMENT, DISTRICT ATTORNEY)
f. H. Wayne Thornton, Forest Supervisor, Plumas
National Forest - advises the Board of a
significant reduction in the fiscal year 1993
receipts for the Plumas National Forest. Based on
their June, 1993 receipt projection, the County was
anticipating a 25$ Fund payment of approximately
$381,110.09. Based on actual receipts, the County
will receive $248,197.32, or $132,912.77 less than
anticipated. (REFER TO AUDITOR-CONTROLLER AND
CHIEF ADMINISTRATIVE OFFICER)
g. Jake Walqenbach, Secretary/Manager, Butte County
Fair - requests an extension until December lst for
the Fair to repay all funds advanced under the
terms of the agreement with the County for a"line
of credit" type loan to help with the Fair's cash
flow needs at times when revenues are low. (REFER
TO TREASURER-TAX COLLECTOR AND CHIEF ADMINISTRATIVE
OFFICER)
Paqe 398
November 9, 1993
~
November 9, 1993
93-426 h. Barbara A. Evans, City Clerk, City of Chico -
pursuant to provisions of the California Community
Redevelopment Law, forwards: (1) A legal
description of the project area and a statement of
institution of proceedings for redevelopment of the
Greater Chico Urban Area Redevelopment Project Area
(GCUARPA), as recorded with the County Recorder of
Butte County on October 28, 1993; (2) A copy of
ordinance no. 1968 adopted by the City Council of
the City of Chico on October 25, 1993, approving
and adopting the Redevelopment Plan for GCUARPA;
and (3) A boundary map of the project area.
(REFER TO CHIEF ADMINISTRATIVE OFFICER AND COUNTY
COUNSELj
ADJOURNMENT: There being no further business before
the Board, the meetinq was ad j ourned at
12:35 p.m. to reconvene on Tuesday,
November 23. 1993 at 9:00 a.m.
1
.
~ ~,4 i~( ~;~" --!~-~_
MAR~ E HOUX, CHAIR
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and C~ rk of the~Board of Supervisors
By. ~Ji ~//ir/" `
Paqe 399
November 9, 1993