HomeMy WebLinkAboutA012301BOARD OF SUPERVISORS
AGENDA
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
January 23, 2001
Time Item No.
9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
2.00 Pledge of Allegiance to the Flag of the United
States of America.
2.01 Invocation - Pastor Tom Adams, Paradise Seventh Day
Adventist Church, Paradise.
3.00 Consent A ecr nda
Budget 3.01 * Budget Transfers -action requested - APPROVE BUDGET
Transfers TRANSFERS B-171 (PUBLIC WORKS); B-170 (STORES ISF);
B-166 (CAPITAL PROJECTS-ROCK CREEK/KEEFER SLOUGH
FLOOD CONTROL); AND B-169 (ADMINISTRATION). (All
budget transfers listed above require a 4/5 vote.)
Appoint- 3.02 Law Library Trustees - action requested - REAPPOINT
ments RAOUL LECLERC, BUTTE COUNTY BAR ASSOCIATION
REPRESENTATIVE; AND GARY KNIPPEN, BOARD DESIGNEE AND
EX-OFFICIO TRUSTEE; TO TERMS TO END JANUARY 2002.
3.03 * Board of Appeals for Disabled Access - action
requested - REAPPOINT ROCKY BURKS, PUBLIC MEMBER;
JAY HARRIS, DISABLED MEMBER; TOM EDGAR, DISABLED
MEMBER; STEVE GILMORE, CONSTRUCTION MEMBER; AND
DENNIS MORELAND, CONSTRUCTION MEMBER; TO TERMS TO
END JANUARY 18, 2003.
3.04 Butte County Behavioral Health Board - action
requested - REAPPOINT ROBERT SATO, FAMILY MEMBER
REPRESENTATIVE; AND MIGUEL FIMBRES, CONSUMER MEMBER
REPRESENTATIVE; TO TERMS TO END DECEMBER 31, 2003.
3.05 * Tri-County Economic Development District and Tri-
County Small Business Development Advisory
Committee - action requested - REAPPOINT RICK
FARLEY, REPRESENTATIVE, TO A TERM TO END JUNE 2002.
Time Item No.
Audit and 3.06 * Reissue Time Expired Check - Board approval is
Finance requested by the Administrative Office, on behalf of
Butte College, to reissue time expired
check no. 1505-262070, in the amount of $764, dated
August 29, 1994, which has been lost or destroyed.
In accordance with the Auditor-Controller's policy,
the County has received a Declaration In Re Lost or
Destroyed County Check/warrant form - action
requested - DIRECT AUDITOR-CONTROLLER TO REISSUE
TIME EXPIRED CHECK NO. 1505-262070, IN THE AMOUNT OF
$764, TO BUTTE COLLEGE.
3.07 * Treasurer-Tax Collector - Additional Appropriation -
Board approval is requested by the Treasurer-Tax
Collector for an increase to the department's
budgeted revenue of $9,000. The increase will be
funded by interest earnings on the treasury
portfolio, and Board approval is requested to
transfer the funds to the department's extra help
account to offset a deficit created by the
additional work load resulting from the enhanced
Court Collections program - action requested -
APPROVE BUDGET TRANSFER B-165 (4/5 vote required)
INCREASING THE DEPARTMENT'S UNANTICIPATED REVENUE
AND APPROPRIATING THE FUNDS.
3.08 * Development Services Department - Planning
Division - Board approval is requested by the
Development Services Department for a budget
augmentation of $78,000 to fund activities related
to the County's long range planning efforts. The
department is requesting that existing encumbered
funds originally intended for other specific tasks
that related to long range planning efforts be used.
The department has advised that the need for
existing encumbered contracts no longer exists -
action requested - APPROVE BUDGET TRANSFER B-163.
Ordinances 3.09 Adoption of a Salary Ordinance Amendment - the
and Public Health Department has requested the Personnel
Resolutions Department prepare a salary ordinance amendment
which will correct the effective date of the salary
ordinance amendment for the Director of
Environmental Health. The proposed correction
provides for an effective date retroactive to
October 26, 2000 - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
1-9-O1 [3.28] )
Page 2 January 23, 2001
Time Item No.
3.10 Adoption of a Salary Ordinance Amendment - the
Public Health Department has requested the Personnel
Department prepare a salary ordinance amendment
which adds one position of Public Health
Nurse III/II/I. The position will provide medical
case management services to adult and child clients
in support of the Memorandum of Understanding with
the Department of Social welfare for services in
support of the Alternative Response Team. Funding
for the position is provided by the Department of
Social welfare - action requested - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-9-O1
[3.29] )
3.11 * Introduction of a Salary Ordinance Amendment - the
Personnel Department has prepared a salary ordinance
amendment which removes all position allocations and
budget units associated with the Superior Court of
California, County of Butte, from the Butte County
salary ordinance - action requested - WAIVE READING
OF THE ORDINANCE.
3.12 * Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel
Department prepare a salary ordinance amendment
which adjusts the salary range for the position of
Family Support Administrator (retroactive to
June 27, 1998) to provide for the position's salary
range to be consistent with salary range of the
position of Assistant District Attorney - action
requested - WAIVE READING OF THE ORDINANCE.
3.13 * Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel
Department prepare a salary ordinance amendment
which reclassifies one position of Senior Account
Clerk to Administrative Analyst II/I in response to
a reclassification study - action requested - WAIVE
READING OF THE ORDINANCE.
3.14 * Introduction of a Salary Ordinance Amendment - the
welfare Department has requested the Personnel
Department prepare a salary ordinance amendment
which reclassifies fourteen positions of Eligibility
Technician II/I to fourteen positions of Employment
and Eligibility Technician in response to a
department wide reclassification study
recommendation - action requested - WAIVE READING OF
THE ORDINANCE.
Page 3 January 23, 2001
Time Item No.
3.15 * Introduction of a Salary Ordinance Amendment - the
Public Health Department has requested the Personnel
Department prepare a salary ordinance amendment
which adds one term position of Public Health
Laboratory Technician (term to end 12-31-O1) to
provide needed support resulting from an extended
vacancy in the department - action requested - WAIVE
READING OF THE ORDINANCE.
3.16 * Introduction of a Salary Ordinance Amendment - the
Public works Department has requested the Personnel
Department prepare a salary ordinance amendment
which adds one position of Inventory/Invoice
Coordinator in support of the department's cost
accounting system, and flexibly staffs one
position of Auditor-Accountant III to Auditor-
Accountant III/II/I to provide the department with
greater staffing choices - action requested - WAIVE
READING OF THE ORDINANCE.
3.17 * Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment
which adds one half-time position of Legal
Secretary I/Legal Typist Clerk/Office Assistant III
to the Victim witness Grant budget unit in support
of the grant, and converts one full time position of
Legal Secretary I/Legal Typist Clerk/Office
Assistant III in the Board of Control Grant budget
unit to two half-time positions of Legal
Secretary I/Legal Typist Clerk/Office Assistant III
in response to current year grant funding - action
requested - WAIVE READING OF THE ORDINANCE.
3.18 * Introduction of a Salary Ordinance Amendment - the
Behavioral Health Department has requested the
Personnel Department prepare a salary ordinance
amendment which adds one position of Supervisor-
Mental Health Clinician, and one position of Senior
Mental Health Counselor/Mental Health
Counselor/Mental Health worker to support the
increased Therapeutic Behavioral Health services
offered by the department - action requested - WAIVE
READING OF THE ORDINANCE.
3.19 * Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment
which extends the term position of a half-time
Senior Cook for the Juvenile Hall to April 27, 2001,
in response to the extended disability leave of a
department employee - action requested - WAIVE
READING OF THE ORDINANCE.
Page 4 January 23, 2001
Time Item No.
Roads 3.20 * Installation of Storm Drainage Facilities Along a
Tributary of Wyman Ravine - County Project
No. CDBG-97-2 - Purchase of wetland Mitigation Bank
Credits - Board approval is requested by the Public
works Department for the purchase of 0.78 acres of
wetland mitigation bank credits from
wildlands, Inc., in the amount of $35,100. The
purchase is being requested in response to a
requirement of the Army Corps of Engineers' project
permit. The cost of the credits is a reimbursable
cost under the Community Development Block Grant
Contract 97-STBG-1201 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Agreements 3.21 * Peg Taylor Senior Adult Day Health Care - Board
and approval is requested by the Administrative Office
Grants for an agreement with the Peg Taylor Senior Adult
Day Health Care Center for the preparation of a five
year strategic and business plan for the Peg Taylor
Senior Adult Day Health Care Center component of the
Southside Oroville Community Center. The agreement
has a maximum amount payable of $6,500 (project
grant funds) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
3.22 * State Department of Alcohol and Drug
Programs - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health
for an amendment to the revenue agreement with the
State Department of Alcohol and Drug Programs which
provides for additional funding in the amount of
$221,608 in response to an increased State
allocation to the County. The term of the agreement
remains July 1, 1998, through June 30, 2002 - action
requested - ADOPT RESOLUTION APPROVING AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION
AND AGREEMENT. (Contract No. R40074)
3.23 * Feather River Tribal Health, Inc. - Board approval
is requested by the Butte County Department of
Behavioral Health for an agreement with Feather
River Tribal Health, Inc., for the provision of
mental health services to Butte County Medi-Cal
referrals who meet the criteria of medical
necessity. The term of the agreement is
November 1, 2000, through June 30, 2001, with a
maximum amount payable of $72,129 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11903)
Page 5 January 23, 2001
Time Item No.
3.24 * Glenn County Health Services - Inpatient Services -
Board approval is requested by the Butte County
Department of Behavioral Health (BCDBH) for a
revenue agreement with Glenn County Health Services
for the provision of acute psychiatric inpatient
care to residents of Glenn County referred to the
BCDBH Psychiatric Health Facility. The term of the
agreement is July 1, 2000, through June 30, 2001,
with a maximum amount payable to the County of
$80,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40274)
3.25 * Mira Monte I and II - Amendment - Board approval is
requested by the Butte County Department of
Behavioral Health (BCDBH) for an amendment to the
agreement with Mira Monte I and II for the provision
of residential care services to BCDBH clients. The
amendment increases the maximum amount payable by
$13,952 (department budget) in response to an
increased utilization of services. The term remains
July 1, 1999, through June 30, 2001 - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR. (Contract No. X11500)
3.26 * Superior Court of California, County of Butte -
Memorandum of Understanding - Amendment - Board
approval is requested by the Butte County Department
of Behavioral Health for an amendment to the
Memorandum of Understanding with the Superior Court
of California, County of Butte, for funds to support
the Drug Court Manager position. The amendment
extends the term of the agreement to April 30, 2001.
All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11418)
3.27 * Crestwood Behavioral Health, Inc. - Amendment -
Board approval is requested by the Butte County
Department of Behavioral Health for an amendment to
the agreement with Crestwood Behavioral
Health, Inc., for the provision of Institutions for
Mental Disease (IMD) and Enhancement Services. The
amendment extends the term of the agreement through
June 30, 2001, and increases the maximum amount
payable by $474,786 (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11075)
Page 6 January 23, 2001
Time Item No.
3.28 * Substance Abuse and Mental Health Services
Administration (SAMHSA) Block Grant - Amendment -
Board approval is requested by the Butte County
Department of Behavioral Health for an amendment to
the grant agreement with the California Department
of Mental Health for additional funds in the amount
of $116,857 for the SAMHSA Block Grant program for
fiscal year 2000-2001 - action requested - ADOPT A
RESOLUTION AUTHORIZING BUTTE COUNTY TO ACCEPT
ADDITIONAL GRANT FUNDS FOR FISCAL YEAR 2000-2001 AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET
TRANSFER B-174 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT FUNDS.
3.29 * Community Living Center-JOBS PLUS - Board approval
is requested by the Butte County Department of
Behavioral Health (BCDBH) for an agreement with
Community Living Center-JOBS PLUS for the provision
of vocational experience and alcohol and drug
prevention services to BCDBH clients. The term of
the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable of
$140,340 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.30 * Shutt Moen Associates - Amendment - Board approval
is requested by the Development Services Department
for an amendment to the agreement with Shutt Moen
Associates for the preparation of a Comprehensive
Land Use Plan for the four public use airports in
Butte County. The amendment extends the term of the
agreement to June 30, 2001, and increases the
maximum amount payable by $5,000 (department budget)
to provide for additional work needed to finalize
the plan - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11078)
3.31 * Butte Meadows Hillsliders Snowmobile Club -
Amendment - Off-Highway Vehicle Grant - Board
approval is requested by the General Services
Director for an amendment to the agreement with the
Butte Meadows Hillsliders Snowmobile Club for the
provision of snow removal in the Butte Meadows
Recreational area, and maintenance of the County-
owned Snocat, in support of the Off-Highway Vehicle
Grant. The amendment extends the term of the
agreement through June 30, 2001, and increases the
maximum amount payable by $33,000 (grant funds) -
action requested - APPROVE BUDGET TRANSFER B-172
(4 /5 vote required); AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11024)
Page 7 January 23, 2001
Time Item No.
3.32 * Backgrounds and More - Amendment - Board approval
is requested by the Probation Department for an
amendment to the agreement with Backgrounds and More
for the provision of background investigation
services for Probation Department applicants. The
amendment increases the maximum amount payable by
$15,000 (department budget) due to the increased
utilization of services. All other terms and
conditions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X11765)
3.33 * State of California, Office of Traffic Safety Grant
Agreement - Child Safety Seat and Occupant
Protection Project:
1. Board approval is requested by the Public
Health Department for a grant agreement with
the Office of Traffic Safety for $144,448 in
funds to support a Child Safety Seat and
Occupant Protection Project for the period of
January 1, 2001, through March 31, 2003 -
action requested - APPROVE BUDGET TRANSFER
B-162 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT REVENUE; AND
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND
2. Introduction of a Salary Ordinance Amendment -
the Public Health Department has requested the
Personnel Department prepare a salary
ordinance amendment which adds one term
position of Public Health Nurse III/II/I (term
to end 3-31-03) in support of the Child Safety
Seat and Occupant Protection Project. The
position will be funded utilizing 1000 State
funds - action requested - WAIVE READING OF
THE ORDINANCE
3.34 * State Department of Health Services - Board approval
is requested by the Public Health Department for a
grant agreement with the State Department of Health
Services for funds in the amount of $194,777 (1000
State) for reimbursement of uncompensated emergency
physician services. As a Rural Health Services
county, the County of Butte will be able to contract
back with the State for administration of the
program - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE DECLARATION OF INTENT TO CONTRACT BACK AND
AUTHORIZE THE CHAIR TO SIGN.
Page 8 January 23, 2001
Time Item No.
3.35 * Sirron Software Corporation - Board approval is
requested by the Sheriff-Coroner for an agreement
with Sirron Software Corporation for the provision
of software licenses, installation, support,
hardware (bar code scanners), and conversion
services for a civil administration computer system
for the Sheriff's Civil Division. The cost of the
agreement is 29,183.91 and was included in the
department's fiscal year 2000-2001 budget. Board
approval is also requested for the sole source
purchase of the specialized civil division
software - action requested - APPROVE SOLE SOURCE
PURCHASE; AND APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11867)
Miscel- 3.36 * Airport Land Use Commission's (ALUC's) Responses to
laneous the Board of Supervisors' Comments Regarding the
Draft 2000 Airport Land Use Compatibility Plan and
Addendum - the Department of Development Services
submits a report of ALUC's responses to the Board's
comments submitted December 19, 2000, on the Draft
2000 Airport Land Use Compatibility Plan and
Addendum - action requested - ACCEPT FOR
INFORMATION.
3.37 * 2001 Legislative Platform - the Administrative
Office submits the revised 2001 Legislative Platform
which incorporates the changes and additions the
Board directed at the meeting of December 19, 2000 -
action requested - ACCEPT CHANGES AND ADDITIONS TO
THE 2001 LEGISLATIVE PLATFORM.
3.38 * Intent to Sub-Lease - Board approval is requested by
the Departments of Public Health and welfare to
declare the County's intent to authorize a sublease
for office and service space to be located in the
City of Oroville. The proposed tenant is the Butte
County Private Industry Council, Inc., and the
proposed landlord will be Guillon Industrial
Properties, L.P.2. The planned location of the
space will be directly to the south of the new
Community Employment Center in Oroville - action
requested - DECLARE INTENT TO AUTHORIZE THE SUBLEASE
OF PROPERTY IN THE CITY OF OROVILLE, CONTINGENT UPON
A SIGNED MASTER AGREEMENT BETWEEN THE PRIVATE
INDUSTRY COUNCIL, INC., AND LANDLORD, AND SUBJECT TO
AVAILABILITY OF FUNDS AND FISCAL APPROPRIATIONS.
Page 9 January 23, 2001
Time Item No.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
* 2. Board of Supervisors' Committee Assignments -
consideration of the various board,
commission, and committee assignments for
Board of Supervisors members - action
requested - MAKE APPOINTMENTS AS NECESSARY.
3. Butte County Maternal Child and Adolescent
Health Board - consideration of a request to
disband the committee - action requested -
DISBAND COMMITTEE.
4.02 Update on legislative and budget activities.
(CHIEF ADMINISTRATIVE OFFICER)
4.03 * Sites Reservoir Memorandum of Understanding -
presentation to the Board by the Northern California
water Association regarding the investigation of an
off-stream reservoir in Glenn and Colusa counties,
referred to as the Sites Reservoir - action
requested - ACCEPT FOR INFORMATION. (DAVID GUY,
EXECUTIVE DIRECTOR, NORTHERN CALIFORNIA WATER
ASSOCIATION/BUTTE COUNTY DEPARTMENT OF WATER AND
RESOURCE CONSERVATION)
4.04 * Agricultural Center Update - Report to the Board -
presentation to the Board by the Agricultural Center
Interest Group regarding the potential development
of an Agricultural Center in Butte County - action
requested - DECLARE INTENT TO FUND A NEEDS
ASSESSMENT AT A COST NOT TO EXCEED $15,000; SUPPORT
FORMATION OF A NON-PROFIT ORGANIZATION WITH BUTTE
COUNTY AGENCY REPRESENTATION ON THE BOARD OF
DIRECTORS; AND DIRECT THE AGRICULTURAL COMMISSIONER
TO DEVELOP A REQUEST FOR PROPOSAL FOR THE NEEDS
ASSESSMENT. (AGRICULTURAL COMMISSIONER)
Page 10 January 23, 2001
Time Item No.
4.05 * Growth Analysis Survey - Chico State University
Research Foundation - Board approval is requested by
the Development Services Department for an agreement
with the Chico State University Research Foundation
for the provision of a Growth Analysis Survey for
Butte County. The term of the agreement is
January 1, 2001, through May 30, 2001, with a
maximum amount payable of $43,000 (1999 and 2000
LEGACI Grant funds) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN (Contract
No. X11887). (DEVELOPMENT SERVICES)
4.06 * Butte County Juvenile Hall - Plans and
Specifications - Call for Bids - consideration of
the plans and specifications for the construction of
the new Butte County Juvenile Hall, and the setting
of the bid opening - action requested - APPROVE
PLANS AND SPECIFICATIONS; AND SET BID OPENING FOR
FEBRUARY 28, 2001, AT 2:30 P.M., IN THE BUTTE COUNTY
PURCHASING OFFICE. (GENERAL SERVICES/PROBATION)
4.07 * Approval to Submit Grant Applications for Funding
Under Proposition 13-Nonpoint Source and watershed
Protection Program - consideration of applications
for grant funding available to local agencies and
landowner-based non-profit organizations for a
variety of projects - action requested - ACCEPT THE
RECOMMENDATION OF THE DEPARTMENT OF WATER AND
RESOURCE CONSERVATION AND APPROVE THE PROPOSED GRANT
PROPOSALS FOR SUBMITTAL ON BEHALF OF THE COUNTY.
(WATER AND RESOURCE CONSERVATION)
4.08 * Chy/Mullen Agreement for the Joint Management of
Timberland - consideration of an agreement for the
joint management of timberland between the County
and the property owners Chy and Mullen as a
requirement of a lot line adjustment - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (DEVELOPMENT SERVICES)
Page 11 January 23, 2001
Time Item No.
4.09 * A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND
A MOTION OF INTENT ADOPTED - Tentative Parcel Map -
Becky Yount (Jim Miller) - consideration of an
appeal of the conditions of approval of a Tentative
Parcel Map to divide a 16.75 acre parcel into three
parcels: one parcel of 1.2 acres, one parcel of 7.35
acres, and one parcel of 8.2 acres. Access to
parcels 1 and 2 will be from Speedway Avenue, and
access to parcel 3 will be from Entler Avenue.
Sewage disposal for the future dwellings on the site
will be handled by on-site septic systems, and
domestic water will be obtained from individual on-
site wells. The project also includes a Lot Line
Adjustment between the site and APN 040-030-054.
The common property line will be moved to the south
and the east. APN 040-030-054 will increase in size
from .94 acres to approximately 1.3 acres (SB TPM-
00-04) - action requested:
1. SUBJECT TO FINDINGS I(A-C) AS DETAILED IN
THE STAFF REPORT DATED JANUARY 23, 2001,
UPHOLD APPEAL O1-05 FOR BECKY YOUNT;
2. SUBJECT TO FINDINGS II (A-C) AS DETAILED IN THE
STAFF REPORT DATED JANUARY 23, 2001, APPROVE
AN EXCEPTION TO THE REQUIREMENTS OF BUTTE
COUNTY CODE SECTION 20-133 TO ALLOW MORE THAN
TWENTY PARCELS TO BE SERVED BY A CUL-DE-SAC
STREET IN AN URBAN AREA;
3. FIND THAT THE LOT LINE ADJUSTMENT FOR BECKY
YOUNT IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), UNDER SECTION 15305 (CLASS
5 OF CEQA, WHICH STATES THAT MINOR ALTERATIONS
IN LAND USE LIMITATIONS CAN BE APPROVED IN
AREAS WITH AN AVERAGE SLOPE OF LESS THAN 200,
AND THAT DO NOT RESULT IN ANY CHANGES IN LAND
USE, INCLUDING, BUT NOT LIMITED TO, LOT LINE
ADJUSTMENTS NOT RESULTING IN THE CREATION OF
ANY NEW PARCEL (SECTION 153305 (a)). SECTION
15300.2 (a) FURTHER ALLOWS FOR A CLASS 5
EXEMPTION UPON CONSIDERATION WHERE THE PROJECT
IS LOCATED. IT STATES THAT A PROJECT THAT IS
ORDINARILY INSIGNIFICANT IN ITS IMPACT TO THE
ENVIRONMENT MAY IN A PARTICULARLY SENSITIVE
ENVIRONMENT BE SIGNIFICANT. THERE ARE NO
ENVIRONMENTALLY SENSITIVE AREAS ON THE PROJECT
SITE;
(CONTINUED ON PAGE 13)
Page 12 January 23, 2001
Time Item No.
4.09 4. SUBJECT TO FINDINGS IV (A-C) AS DETAILED IN THE
(Cont.) STAFF REPORT DATED JANUARY 23, 2001, AND THE
AMENDED CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED
JANUARY 23, 2001, APPROVE THE LOT LINE
ADJUSTMENT FOR BECKY YOUNT;
5. SUBJECT TO FINDINGS V(A-D) AS DETAILED IN THE
STAFF REPORT DATED JANUARY 23, 2001 ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS, WITH MITIGATION
MEASURES 1-7 AS DETAILED IN THE STAFF REPORT
DATED JANUARY 23, 2001, AND AUTHORIZE THE
CHAIR TO SIGN;
6. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLIFE OR THEIR
HABITAT BECAUSE THE PROPERTY HAS UNDERGONE
EXTENSIVE AGRICULTURAL OPERATIONS THAT HAVE
ELIMINATED MOST OF THE NATURAL HABITAT AND NO
DEVELOPMENT WILL BE ALLOWED WITHIN 150 FEET OF
COMANCHE CREEK IN ORDER TO PRESERVE RIPARIAN
HABITAT. THEREFORE, A "DE MINIMUS" IMPACT OF
FINDING REGARDING FISH AND/OR WILDLIFE OR
THEIR HABITAT IS HEREBY MADE, AND THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME
CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, IS
NOT REQUIRED; AND
7. SUBJECT TO FINDINGS VII(A-G) AS DETAILED IN
THE STAFF REPORT DATED JANUARY 23, 2001, AND
THE AMENDED CONDITIONS OF APPROVAL AS DETAILED
IN EXHIBIT "B" OF THE STAFF REPORT DATED
JANUARY 23, 2001, APPROVE TENTATIVE PARCEL MAP
TPM 00-04 FOR BECKY YOUNT. (FROM 1-9-O1
[5.03] )
4.10 Items removed from the Consent Agenda for Board
consideration and action.
5.00 Public Hearincrs and Timed Items
10:30 A.m. 5.01 * Continued Public Hearing - Neal Road Landfill Fees -
consideration of an ordinance amending Article VII,
of Chapter 3 of the Butte County Code, regarding
gate fees chargeable at the Neal Road Landfill, more
specifically, disposal fees - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 12-19-00 [5.05])
Page 13 January 23, 2001
Time Item No.
10:45 A.m. 5.02 * Public Hearing - Board of Supervisors - Zoning Code
Amendment - Recreational Overlay Zone -
consideration of a project with two components: 1)
creation of a new zoning classification to the Butte
County Zoning Code entitled, "Recreational Overlay
Zone" (ROZ); and 2) application of the new zoning
district to approximately 360 acres of land located
along the east side of the Feather River. In order
to apply the ROZ elsewhere, a rezone application
must be submitted and approved by the County.
Component 1: The overlay zone will allow recreation
uses such as golf courses, tennis courts, water
sports, recreation fields, theme parks,
entertainment parks including arcades and amusement
parks, museums, zoos, and camping facilities. In
addition, the zone will support uses such as shops
and stores that sell recreation equipment, motels,
restaurants, and RV parks. These proposed uses will
be in addition to the uses allowed by the applicable
base zoning district. Component 2: The application
of the ROZ to approximately 360 acres located along
the east side of the Feather River, generally north
of Pacific Heights Road and south of Oro-Dam
Boulevard, west of Highway 70. This area is
currently zoned as follows: 3.7 acres M-1 (Light
Industrial), approximately 85 acres RC (Resource
Conservation), and 270 acres LI (Light Industrial).
The LI and M-1 zones permit a wide range of
industrial uses without any discretionary permits
and are, therefore, not normally subject to
California Environmental Quality Act (CEQA) review.
The RC zone does not permit any use of the land that
requires buildings or structural improvements unless
a use permit is first obtained (CBS [File No. ZCA
00-02]) - action requested:
1. THE PLANNING COMMISSION RECOMMENDS THE BOARD
DENY THE REQUEST TO CREATE A RECREATIONAL
OVERLAY ZONE IN CHAPTER 24 OF THE BUTTE COUNTY
CODE, SUBJECT TO THE FINDING THAT THE PROPOSAL
WILL CREATE NONCONFORMING USES AND PLACE
RECREATIONAL USES ON INDUSTRIAL LANDS, AND THE
FINDING THAT THE PROPOSAL NEEDS MORE
DEVELOPMENT; OR
2. SHOULD THE BOARD CHOOSE TO APPROVE THE
PROJECT, ONE OR BOTH OF THE FOLLOWING ACTIONS
SHOULD BE TAKEN:
A. ADOPT A MOTION OF INTENT TO APPROVE THE
CREATION OF A RECREATIONAL OVERLAY ZONE
AND DIRECT STAFF TO DEVELOP APPROPRIATE
FINDINGS;
(CONTINUED ON PAGE 15)
Page 14 January 23, 2001
Time Item No.
5.02 2. B. ADOPT A MOTION OF INTENT TO APPROVE THE
(Cont.) APPLICATION OF THE RECREATIONAL OVERLAY
ZONE TO THE LANDS DESCRIBED IN
ZCA 00-02, AND DIRECT STAFF TO DEVELOP
APPROPRIATE FINDINGS.
6.00 Public Comment (PRESENTATIONS WILL BE LIMITED TO
FIVE MINUTES. THE BOARD OF SUPERVISORS IS
PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY
ITEM NOT LISTED ON THE AGENDA.)
7.00 Closed Session
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASE.
7.02 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT/EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-
PERSONNEL.
8.00 Communications
8.01 Communications received and referred. (A LISTING
AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD
IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN
THE CLERK OF THE BOARD'S OFFICE.)
1. Marsha L.
Relations,
the Board
February 1
Oroville,
Colusa.
Berkbigler, Director-Government
AT&T Broadband, writes to inform
of rate increases, effective
2001, for the communities of
Gridley, Paradise, Biggs, and
Page 15 January 23, 2001