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Home My WebLink AboutA032800O: ` = `A' AGENDA ••°~~~~ °~~°' ;avg 5v~: :*= _~; +~t'~'. .'y1.r~ March 28, 2000 Time Item No. BOARD OF SUPERVISORS R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District 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 Linda Prendergast, First United Methodist Church, Oroville. 3.00 Consent A ecr nda Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF MARCH 7, 2000; AND MARCH 14, 2000. Budget 3.02 * Budget Transfers - action requested - APPROVE Transfers BUDGET TRANSFERS B-241 (SHERIFF); B-244 (PUBLIC HEALTH); AND B-240 (CLERK-RECORDER [4/5 vote required]). Donations 3.03 County Library Donations - in accordance with Government Code Section 25355, donations of $913 from Oroville Friends of the Library, and $100 from Alice and Richard Stoner, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Setting of 3.04 * Underground Utility District - East Avenue No. 14 - Public Board approval is requested by the Public works Hearings Department to set a public hearing for April 25, 2000, at 11:00 a.m. to determine if public necessity, health, safety, or welfare requires formation of an underground utility district on East Avenue between Cohasset Road and Manzanita Avenue in Chico. The County and the City of Chico are proposing to jointly form the district - action requested - ADOPT A RESOLUTION SETTING A PUBLIC HEARING AND AUTHORIZE THE CHAIR TO SIGN. Time Item No. Appoint- 3.05 * Oroville Cemetery District - action requested - ments REAPPOINT JAMES MOLL, TRUSTEE, TO A TERM TO END JANUARY 1, 2004. Land Use 3.06 * Autumn Park Subdivision - Phase II - Map - APN 047- 260-196 and 197 - 1 lot plus remaining lands of owner, located on the easterly side of State Highway 99, one-half mile north of Wilson Landing Road. The purpose of the map is to separate the lands that are approved for subdivision from the lands that are to remain in an orchard - APPROVE FINAL MAP, NOTE THAT AUTUMN PARK DRIVE, AS OFFERED FOR DEDICATION IN ITEM A OF THE OWNER'S STATEMENT, IS NOT ACCEPTED AT THIS TIME; AND ACCEPT RELINQUISHMENT OF ABUTTER'S RIGHTS TO ACCESS STATE HIGHWAY 99 AS OFFERED IN ITEM B OF THE OWNER'S STATEMENT. Audit and 3.07 * welfare Department - Acceptance of Unanticipated Finance Revenue and Transfer of Funds - Board approval is requested by the Director of welfare to accept and appropriate unanticipated revenue from several sources, and to authorize the transfers of department funds in support of various department projects as follows: 1) transfer $10,128 between department accounts to fund the purchase of cellular phones; 2) transfer $8,770 between department accounts to provide more revenue for direct services to clients; 3) accept and appropriate $18,252 in additional revenue from the Family Preservation and Support Program; 4) accept and appropriate $28,604 in additional revenue from the Special Circumstances Program; and 5) accept and appropriate $45,377 in unanticipated revenue from the welfare to work program - action requested - APPROVE BUDGET TRANSFER B-243 (4/5 vote required) ACCEPTING, APPROPRIATING, AND TRANSFERRING WELFARE DEPARTMENT FUNDS. Ordinances 3.08 Adoption of a Salary Ordinance Amendment - the and Public works Department has requested the Personnel Resolutions Department prepare a salary ordinance amendment which would reclassify one position of Secretary II to Supervisor-Clerical Support Services, effective March 18, 2000, as a result of a classification study - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-14-00 [3.17]) Page 2 March 28, 2000 Time Item No. 3.09 Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Legal Typist Clerk/Office Assistant III, and adds one position of Investigative Assistant to the Criminal Division - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-14-00 [3.18]) 3.10 Adoption of a Salary Ordinance Amendment - the Public Heath Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Clinic Manager, one position of Public Health Nurse III/II/I, one half- time position of Health Education Specialist II/I, and one half-time position of Office Assistant III/II/I in response to new and continuing grant funding for a wellness and prevention program - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-14-00 [3.19]) 3.11 * Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which reclassifies one position of Information Systems Technician II/I to Information Systems Technician III/II/I to provide the department greater flexibility in staffing choices - action requested - WAIVE READING OF THE ORDINANCE. 3.12 * Introduction of a Salary Ordinance Amendment - the Treasurer-Tax Collector has requested the Personnel Department prepare a salary ordinance amendment which creates the classification of Assistant- Treasurer/Tax Collector: Revenue and Reimbursement, and adds the position to the budget unit for the Treasurer-Tax Collector (070-001) in response to an office reorganization - action requested - WAIVE READING OF THE ORDINANCE. 3.13 * Resolution of Appreciation for 40 Years of Volunteer Service by Audrey Stephens - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.14 * Resolution Declaring March 2000 as Social workers Month in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 3 March 28, 2000 Time Item No. Roads 3.15 * Reconstruction of Neal Road from 3.0 to 4.7 Miles East of State Route 99 - County Project No. 46312- 92-2 - the project is necessary due to pavement distress. The State Transportation Improvement Program will reimburse 1000 of the construction costs - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 3.16 * Construction of Pavement Overlays in Paradise Pines Area - County Project No. AC-99-2 - the project is necessary due to pavement distress. The project is included in the fiscal year 1999-2000 budget - action requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 3.17 * Construction of Pavement Overlays in Kelly Ridge Area - County Project No. AC-99-1 - the project is necessary due to pavement distress. The State Transportation Improvement Program will reimburse 1000 of the construction costs - action requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 3.18 * Roadway Rehabilitation on Skyway from Ponderosa way to Nimshew Road - County Project No . 512 61 (3) - 9 9 -1 - the project is necessary due to pavement distress. The State Transportation Improvement Program will reimburse 1000 of construction costs - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 3.19 * Reconstruction of Concow Road from State Route 70 to Nelson Bar Road - County Project No. 52515A-94-1 - the project is necessary due to pavement distress. The project is included in the fiscal year 1999-2000 budget - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 3.20 * Roe Road - Excess Right-of-way - Board approval is requested by the Public works Department to grant an excess right-of-way on Roe Road to the Town of Paradise - action requested - APPROVE GRANT DEEDS TO THE TOWN OF PARADISE AND AUTHORIZE THE CHAIR TO SIGN. Page 4 March 28, 2000 Time Item No. 3.21 * Program Supplement No. 038 - reimbursement of funds for qualified projects under the State-Local Transportation Partnership Program Agreement for State Share Funds, Agreement No. SLTPP-5912, entered into January 10, 1991, requires execution of a program supplement to the master agreement. Program Supplement No. 038 in the amount of $538,752 provides reimbursement funding for the Midway pavement overlay project (03-BUT-O-CR, SB99- 5912(003) - action requested - ADOPT RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 038 AND AUTHORIZE THE CHAIR TO SIGN. Agreements 3.22 * Butte County Children and Families Commission - and Board approval is requested by the Butte County Grants Children and Families Commission for an agreement with the County for the provision of support services for the Commission. The term of the agreement is July 1, 1999, through June 30, 2000. The agreement will be renewed annually beginning July 1, 2000, unless terminated by either party. Charges for services will be billed to the Commission on monthly and quarterly cost allocation journals prepared by the Butte County Auditor's Office - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.23 * Solid waste Program Assistance Grant Application - Board approval is requested by the Public Health Department to submit a grant application to the State for funds to support local solid waste landfill permit and inspection programs - action requested - ADOPT A RESOLUTION APPROVING SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 3.24 * Quincy Engineering, Inc. - Board approval is requested by the Public works Department for an amendment to the agreement with Quincy Engineering, Inc., for the provision of engineering services for the design of the Aguas Frias Road Bridge at Butte Creek. The amendment extends the term of the agreement to March 14, 2001, to allow for completion of the design plans - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10382) Miscel 3.25 * Americans with Disabilities Act (ADA) Transition laneous Plan - the Personnel Department submits an update on the ADA Transition Plan and implementation program - action requested - ACCEPT FOR INFORMATION. Page 5 March 28, 2000 Time Item No. 3.26 * Advancement within a Salary Range - pursuant to Personnel Rule 11.13, the Probation Department has requested the Personnel Department prepare an agenda item requesting advancement of a Principal Analyst position to step 5 of the salary range based on education and experience, retroactive to March 13, 2000 - action requested - APPROVE ADVANCEMENT OF A PRINCIPAL ANALYST POSITION TO STEP 5 OF THE SALARY RANGE, RETROACTIVE TO MARCH 13, 2000. 3.27 * Biennial Approval of Local Agency Conflict of Interest Codes - Exempt - the following districts have reviewed their Conflict of Interest Code Exemption Statements and have determined that the conditions for exemption still exist: Bangor Cemetery District; Pine Creek Cemetery District; Upham Cemetery District; Drainage District No. l; and Drainage District No. 100. County Counsel has reviewed the reports and believes them to be proper - action requested - BIENNIAL APPROVAL OF CONFLICT OF INTEREST CODE EXEMPTION STATEMENTS. 3.28 * Biennial Approval of Local Agency Conflict of Interest Codes - Non-exempt - the following districts have reviewed their Conflict of Interest Codes and have determined that their agency's code is current and not in need of revision: Gridley- Biggs Cemetery District; Oroville Cemetery District; Paradise Cemetery District; Durham Mosquito Abatement District; Berry Creek Community Services District; Richardson Springs Community Services District; El Medio Fire District; Durham Irrigation District; Paradise Irrigation District; Richvale Irrigation District; Table Mountain Irrigation District; Thermalito Irrigation District; Durham Recreation and Park District; Feather River Recreation and Park District; Paradise Recreation and Park District; Reclamation District No. 833; Butte water District; Lake Madrone water District; and Sewerage Commission Oroville Region. County Counsel has reviewed the reports and believes them to be proper - action requested - BIENNIAL APPROVAL OF CONFLICT OF INTEREST CODES. 3.29 * Request for Release of Lien - Board authorization is requested by the welfare Department to file a Release of Lien on property determined to have no recoverable value to apply against a lien filed pursuant to the regulations of Aid to Families with Dependent Children - action requested - AUTHORIZE THE DIRECTOR OF SOCIAL WELFARE, OR DESIGNEE, TO EXECUTE AND FILE A RELEASE OF LIEN. Page 6 March 28, 2000 Time Item No. 3.30 * Butte Creek Agreement and Grant of Easement - Certificate of Acceptance - Board approval is requested by the Emergency Services Director for a Certificate of Acceptance for a Grant of Easement for flood damage repairs to the Parrott-Phelan Diversion Dam and Fish Screening Facility on Butte Creek. This project was approved by the Board on October 13, 1998. The Certificate of Acceptance is requested by the State as part of the closing requirements for the project - action requested - APPROVE THE CERTIFICATE OF ACCEPTANCE AND AUTHORIZE THE CHAIR TO SIGN. 3.31 * Property Acquisition - the Federal Emergency Management Agency (FEMA) has provided funding to the County to acquire the property located at 13898 Highway 99, Chico. The parcel of land has been subject to repetitive flooding since 1995, and under FEMA regulations the County will be provided funding in the amount of $157,250 to acquire the property and construct a detention pond. Board approval is requested by the Emergency Services Director to send an Offer to Purchase Property to the land owner in the amount of $132,000 - action requested - APPROVE OFFER TO PURCHASE PROPERTY AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 4.00 Regular Agenda 4.01 Appointments - Commissions and Committees * 1. Appointments to committee vacancies 4.02 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) Page 7 March 28, 2000 Time Item No. 4.03 * Periodic Fiscal Status Report on Fiscal Year 1999- 2000 Butte County Budget: 1. County Fiscal Status Report - fiscal forecast update and status of overall County year-to- date expenditures and revenues - action requested - ACCEPT FOR INFORMATION. 2. Department Fiscal Status Reports - required expenditure savings update and status of year- to-date expenditures, revenues, and variances by individual departments - action requested - ACCEPT FOR INFORMATION. (CHIEF ADMINISTRATIVE OFFICER) 4.04 * City of Chico - Automatic Aid Agreement - Report to the Board - update on the Butte County/City of Chico Automatic Aid Agreement for fire services - action requested - PROVIDE DIRECTION. (FIRE WARDEN) 4.05 * Deer Herd Fees - information and discussion - action requested - INITIATE AMENDMENTS TO THE BUTTE COUNTY GENERAL PLAN LAND USE ELEMENT AND CONSERVATION ELEMENT TO INCLUDE POLICIES SUPPORTING THE RECOMMENDATIONS ADOPTED BY THE BOARD OF SUPERVISORS ON APRIL 28, 1987; INITIATE AMENDMENTS TO THE LAND USE ELEMENT AND REZONE ACTIONS TO BRING ACREAGE MINIMUMS INTO COMPLIANCE WITH THE ACREAGE MINIMUMS RECOMMENDED BY THE DEPARTMENT OF FISH AND GAME AND ADOPTED BY THE BOARD ON APRIL 28, 1987, WITH CONSIDERATION GIVEN TO THE RECENTLY ADOPTED FLEXIBLE LOT SIZE ORDINANCE; INITIATE A CODE AMENDMENT TO ADOPT A FENCING ORDINANCE APPLICABLE TO LANDS OUTSIDE THE DESIGNATED DEVELOPMENT ZONES; INITIATE A CODE AMENDMENT TO ESTABLISH BUILDING SETBACKS ALONG STREAMS IN DEER RANGE AREAS; AND PREPARE A LETTER TO THE DEPARTMENT OF FISH AND GAME REQUESTING THAT THEY DEVELOP/SUBMIT A NEXUS STUDY FOR THE ADOPTION OF DEER HERD IMPACT FEES. (DIRECTOR- DEVELOPMENT SERVICES) Page 8 March 28, 2000 Time Item No. 4.06 * Flood Hazard Prevention Ordinance Amendment - consideration of an ordinance amending Butte County Code Chapter 26, Article IV, entitled "Flood Hazard Prevention" - action requested - WAIVE READING OF THE ORDINANCE. (DIRECTOR-DEVELOPMENT SERVICES) 4.07 * Butte County Bookmobile - Report to the Board - action requested - ACCEPT FOR INFORMATION. (DIRECTOR OF LIBRARIES) 4.08 Items removed from the Consent Agenda for Board consideration and action. 5.00 Public Hearings and Timed Items 10:30 A.m. 5.01 * Public Hearing - Juvenile Hall - Mitigated Negative Declaration - consideration of a mitigated negative declaration for construction of a new juvenile hall facility on a 12.58 acre parcel adjacent to the existing juvenile hall facility located at 51 County Center Drive, Oroville, and identified as APN 031- 040-028 - action requested - APPROVE THE MITIGATED NEGATIVE DECLARATION AS SUBMITTED AND AUTHORIZE THE CHAIR TO SIGN. Page 9 March 28, 2000 Time Item No. 10:45 A.m. 5.02 * Public Hearing - Use Permit - Robyn Kissler - consideration of an appeal of the Planning Commission's approval of a Use Permit (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) as an amendment to Use Permit 96-15, to modify the existing emergency dog shelter for 49 dogs to a private kennel for 30 show dogs, on property zoned A-R (Agricultural-Residential). The property is located on Brown Boulevard in Oroville, and identified as APN 028-062-016 (CBS [File # UP 00-31]) - action requested - STAFF RECOMMENDS THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED MARCH 28, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION; 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND 3. SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN THE STAFF REPORT DATED MARCH 28, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 28, 2000, DENY THE APPEAL AND APPROVE USE PERMIT 00-03 MODIFYING USE PERMIT 96-15 AND AUTHORIZE THE CHAIR TO SIGN. Page 10 March 28, 2000 Time Item No. 11:15 A.m. 5.03 * Public Hearing - Certificate of Correction - Pola Abram - consideration of an appeal of the Development Review Committee's approval of a Certificate of Correction to modify a recorded parcel map as filed in Book 117 of Maps, at pages 56, 57, and 58 (item determined to be categorically exempt from environmental review) to modify Condition 14. The property is located southwest of, and adjacent to, State Highway 32, between Kennedy and North Lindo Avenue, in the west Chico area, and identified as APN 042-080-084, 085, and 087 (DB [File # COR00-02]) - action requested - STAFF RECOMMENDS THE FOLLOWING TWO OPTIONS: 1. CONTINUE THE APPEAL IN ORDER TO PROVIDE THE NECESSARY TIME FOR THE APPLICANT TO MEET WITH THE APPELLANT TO PROVIDE A STATEMENT OF AGREEMENT REGARDING THE CERTIFICATE OF CORRECTION; OR 2. A. FIND THE PROJECT TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER A CLASS 5 EXEMPTION; AND B. SUBJECT TO FINDINGS II (A-H) AS DETAILED IN THE STAFF REPORT DATED MARCH 28, 2000, APPROVE THE CERTIFICATE OF CORRECTION FOR POLA ABRAM, AMENDING THE LANGUAGE OF CONDITION 14, DESIGNATING THAT THE 100 FOOT NO-BUILDING SETBACK FROM THE ADJACENT ORCHARDS SHALL NOT BE APPLICABLE TO MINI-STORAGE UNITS, SUBJECT TO THE CONDITIONS FOUND IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 28, 2000. 1:15 P.m. 5.04 * Timed Item - Butte County Airport Land Use Compatibility Plan - the Butte County Airport Land Use Commission is requesting the Board review the draft 2000 Airport Land Use Compatibility Plan - action requested - REVIEW DRAFT AIRPORT LAND USE COMPATIBILITY PLAN. (DIRECTOR-DEVELOPMENT SERVICES) Page 11 March 28, 2000 Time Item No. 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 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): 1. Miller v. County of Butte 2. Ernst v. Butte County District Attorney 7.02 CONSIDERATION OF PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL. 8.00 Communications 8.01 Communications received and referred. (A LISTING AND COPIES OF ADDITIONAL COMMUNICATIONS RECEIVED BY THE BOARD ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) * 1. Raymond Bauer, Representative, Area 2 Development Disabilities Board, writes the Board to provide a brief overview of the Area 2 Disabilities Board's purpose and activities. * 2. Joe Jimenez, Jr., United States Census Bureau, Partnership Specialist, submits information on the purpose and importance of the census. (REFERRED TO ALL DEPARTMENTS [3-21-00]) 3. The Northern California County Engineers Association has presented the 1999 Annual Safety Award to Butte County road crews for having the lowest injury frequency rate. Page 12 March 28, 2000