HomeMy WebLinkAboutA052201BOARD 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
Mav 22, 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 Linda Prendergast, First United
Methodist Church, Oroville.
3.00 Consent A ecr nda
Minutes 3.01 * Approval of Minutes - action requested - APPROVE
MINUTES OF APRIL 10, 2001; APRIL 17, 2001;
APRIL 24, 2001; AND MAY 1, 2001.
Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET
Transfers TRANSFER B-350 (Facilities Services [4 /5 vote
required]).
Donations 3.03 * County Library Donations - in accordance with
Government Code Section 25355, a donation of $2,365
from the Chico Friends of the Library has been
received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT
DONATION AND AUTHORIZE A LETTER OF APPRECIATION.
Appoint- 3.04 * Private Industry Council - action requested -
ments APPOINT CARL OSCHNER, COMMUNITY BASED ORGANIZATION
REPRESENTATIVE, TO A VACATED TERM TO END JUNE 2001.
Time Item No.
Land Use 3.05 Fairway Oaks Subdivision - Final Map - APN 040-050-
054 and 068, creating 20 lots located south of the
City of Chico at Butte Creek Country Club between
State Highway 99 and Oroville Chico Highway. The
developer has provided an Irrevocable Letter of
Credit to guarantee construction of the required
road, drainage, fire protection and sewer facilities
within one year. The Fire Department has requested
the developer enter into a Fire Protection water
System Maintenance Agreement to ensure the continued
operation and maintenance of the fire protection
system - action requested - APPROVE FINAL MAP;
ACCEPT THAT PORTION OF OROVILLE CHICO HIGHWAY AS
OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY
OF BUTTE IN ITEM 1 OF THE OWNER'S STATEMENT; ACCEPT
THE RELINQUISHMENT OF ABUTTER'S RIGHTS ALONG
OROVILLE CHICO HIGHWAY THAT FRONTS ON LOT 22 AS
OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE IN
ITEM 2 OF THE OWNER'S STATEMENT; ACCEPT THAT PORTION
OF LOS CABOS DRIVE AS OFFERED FOR DEDICATION IN FEE
SIMPLE TO THE COUNTY OF BUTTE IN ITEM 3 OF THE
OWNER'S STATEMENT. ACCEPT THOSE EASEMENTS FOR
PUBLIC SERVICE PURPOSES AS OFFERED IN ITEMS 4, 5,
AND 6 OF THE OWNER'S STATEMENT ON BEHALF OF THE
ENTITIES NAMED. NOTE THAT THE "FUTURE ROAD" AS
OFFERED FOR DEDICATION IN ITEM 7 OF THE OWNER'S
STATEMENT IS NOT ACCEPTED AT THIS TIME; ACCEPT ITEMS
"A" THROUGH "E" OF THE OWNER'S STATEMENT ON BEHALF
OF THE FAIRWAY OAKS HOMEOWNER'S ASSOCIATION; AND
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION
AGREEMENT AND THE FIRE PROTECTION WATER SYSTEM
MAINTENANCE AGREEMENT. (FROM 5-8-O1 [3.05])
Fixed 3.06 * Vehicle Purchase - Board approval is requested by
Assets and the Butte County Department of Behavioral Health to
Facilities purchase a Ford Windstar Van for the Youth Day
Treatment Program. Board approval is also requested
to transfer $26,000 in department funds to provide
for the purchase - action requested - APPROVE BUDGET
TRANSFER B-362; AND APPROVE PURCHASE OF A FIXED
ASSET ITEM.
3.07 * workstation Purchase - Board approval is requested
by the Public Health Department to purchase seven
modular workstations. The Department has received
$17,582 in unanticipated Proposition 99 funds, and
the State Department of Health Services, Tobacco
Control Section has approved the use of the funds
for the purchase of the workstations - action
requested - APPROVE BUDGET TRANSFER B-359 (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE; AND APPROVE PURCHASE OF FIXED ASSET ITEMS.
Page 2 May 22, 2001
Time Item No.
3.08 * Video Capture Station Purchase - Board approval is
requested by the Sheriff's Office to purchase a
video capture station in the amount of $10,180 on
behalf of the Gridley Police Department. The
equipment will allow the Gridley Police Department
to initiate the booking process at its facility
utilizing equipment compatible with the Sheriff's
Office Criminal Information System. The Sheriff's
Office will obtain the equipment for Gridley to
provide for compatibility and license compliance.
The City of Gridley has provided funding for the
purchase, and Board approval is also requested for
a budget transfer to accept and appropriate the
funds - action requested - APPROVE BUDGET TRANSFER
B-361 (4/5 vote required); AND APPROVE PURCHASE OF
A VIDEO CAPTURE STATION ON BEHALF OF THE CITY OF
GRIDLEY.
Ordinances 3.09 Adoption of a Salary Ordinance Amendment - the
and welfare Department has requested the Personnel
Resolutions Department prepare a salary ordinance amendment
which provides for a parity adjustment for the
classification of welfare Program Manager,
retroactive to October 2, 1999, as a result of
arbitration with the Butte County Management
Employees Association - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
5-8-O1 [3.27] )
3.10 Adoption of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel
Department prepare a salary ordinance amendment
which replaces the urgency salary ordinance adopted
March 27, 2001, which extended the term dates of one
position of Mental Health Counselor, and one half-
time position of District Attorney Investigator II/I
to February 28, 2002. The positions are part of the
Violence Against women Vertical Prosecution Program
and the urgency ordinance was adopted to allow the
term positions to continue uninterrupted. This
ordinance replaces the urgency ordinance - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 5-8-O1 [3.28])
Page 3 May 22, 2001
Time Item No.
3.11 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 Administrative
Analyst III/II/I. The position is being added to
address the increased responsibilities associated
with the Medi-Cal Administrative Allowance program
and the Targeted Case Management program. The
department has sufficient savings to fund the
position for the remainder of this fiscal year and
has included the position in the fiscal year 2001-
2002 proposed budget - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
5-8-O1 [3.29] )
3.12 * Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel
Department prepare a salary ordinance amendment
which extends the term date of one flexibly staffed
position of Legal Typist Clerk/Office Assistant III,
and one position of Investigative Assistant to
June 30, 2002. The positions are part of the
Statutory Rape Vertical Prosecution Program, and
funding for the program has been renewed for next
fiscal year - 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 deletes two flexibly staffed positions of
District Attorney Investigator II/I as the final
step in a plan to provide a supervision structure
within the Criminal Division's Investigative Unit.
On January 9, 2001, the Board adopted an ordinance
adding two positions of Senior Investigator to the
Criminal Division, with the provision that once the
supervising positions were filled two Investigator
positions would be deleted. This ordinance
completes that action - action requested - WAIVE
READING OF THE ORDINANCE.
3.14 * Introduction of a Salary Ordinance Amendment - the
Sheriff's Office has requested the Personnel
Department prepare a salary ordinance amendment
which deletes two Deputy Sheriff positions from the
Sheriff's Special Enforcement Unit in response to
the termination of the patrol services contract with
the City of Biggs - action requested - WAIVE READING
OF THE ORDINANCE.
Page 4 May 22, 2001
Time Item No.
3.15 * Introduction of a Salary Ordinance Amendment - the
Sheriff's Office has requested the Personnel
Department prepare a salary ordinance amendment
which deletes the Community Oriented Policing and
Problem Solving (COPPS) budget unit from the
Sheriff's Office budget, and deletes three vacant
Deputy Sheriff positions which were included in that
budget unit. The COPPS budget is being deleted as
a result of the termination of the COPPS grant
funding. The three Deputy Sheriffs assigned to the
COPPS budget unit were transferred to vacant
positions in the Operations Unit - action
requested - WAIVE READING OF THE ORDINANCE.
3.16 * Introduction of a Salary Ordinance Amendment - the
Personnel Department has prepared a salary ordinance
amendment which: 1) creates the classifications of
Child Support Attorney I ($17.17-$21.11), Child
Support Attorney II ($21.10-$25.65), Child Support
Attorney III ($24.39-$29.64), and Child Support
Attorney IV ($27.49-$33.41); 2) adds the budget unit
550-001 - Child Support Services to the salary
ordinance; 3) allocates positions within the
District Attorney-Family Support Division's budget
unit to the Child Support Services' budget unit
effective July 1, 2001, and allocates the recently
created position of Chief Child Support Attorney to
the Child Support Services' budget unit; and 4)
provides for minor administrative corrections to the
salary ordinance - action requested - WAIVE READING
OF THE ORDINANCE.
3.17 * Introduction of a Salary Ordinance Amendment - the
Public Health Department has requested the Personnel
Department prepare a salary ordinance amendment
which adds one term flexibly staffed position of
Administrative Analyst III/II/I, and one term
position of Administrative Services Assistant (terms
to end 6-30-02) in support of the Children and
Families Commission program - action requested -
WAIVE READING OF THE ORDINANCE.
3.18 * Resolution in Support of wild Good Storage Inc.,
Expansion - consideration of a resolution supporting
the wild Goose Storage Inc., proposed expansion as
presented to the Board on March 13, 2001 - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
Page 5 May 22, 2001
Time Item No.
Roads 3.19 * Installation of Roadway Illumination on Various
Butte County Roadways; County Project No. SP-97-1 -
the project consists of upgrading pavement traffic
stripping and markers on various roadways throughout
Butte County. The project funding is 1000
reimbursable by the State through the Hazard
Elimination and Safety Program - action requested -
APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE
CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN
PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC
WORKS TO ADVERTISE FOR BIDS.
3.20 * Construction of Pavement Double Chip Seal on Various
Butte County Roadways; County Project CS-2001-O1 -
the project consists of a total of 28.4 miles of
pavement double chip seal on Nelson Road from Aguas
Frias Road to State Route 99; Ord Ferry Road from
Dayton Road to the Butte County line; Aguas Frias
Road from Ord Ferry Road south 4.0 miles; and
Palermo Honcut Road from Lower Honcut Road to Alice
Avenue. The project is included in the department's
fiscal year 2001-2002 budget - action requested -
APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE
CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN
PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC
WORKS TO ADVERTISE FOR BIDS.
3.21 * Award of Bid - Reconstruction of Centerville Road
Bridge Across Butte Creek - Federal Project
No. BRLO-5912(018); County Project No. 54945-97-1 -
the project consists of construction of a 165 foot
single span cast-in-place prestressed box girder
type highway bridge having an overall width of 32
feet 8 inches, with approximately 835 lineal feet of
roadway realignment and reconstruction. Bids were
received on May 9, 2001, with the low bidder being
Clemens Construction Company of Redding in the
amount of $887,798. Funding for the project is
included in the department's budget - action
requested - AWARD BID TO CLEMENS CONSTRUCTION
COMPANY OF REDDING IN THE AMOUNT OF $887,798; AND
APPROVE CONSTRUCTION AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
Page 6 May 22, 2001
Time Item No.
3.22 * Award of Bid - Roadway widening on Midway at the
Durham Ballpark Entrance - County Project No. 26311-
2-00-1 - the project consists of a total of 700 feet
of roadway widening at the Durham Ballpark entrance
on the Midway to accommodate the installation of
left turn pockets. Bids were received on
May 1, 2001, with the low bidder being Robinson
Construction Company of Oroville in the amount of
$58,227. Funding for the project is included in the
department's budget - action requested - AWARD BID
TO ROBINSON CONSTRUCTION COMPANY OF OROVILLE IN THE
AMOUNT OF $58,227; AND APPROVE CONSTRUCTION
AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Agreements 3.23 * Lee Rosenthal - Amendment - Board approval is
and requested by the Administrative Office for an
Grants amendment to the agreement with Lee Rosenthal for
the provision of legal services in the area of
redevelopment. The amendment extends the term of
the agreement until terminated by either party to
allow for continued assistance to the County in
matters pertaining to redevelopment generally, and
specifically related to the Chico Redevelopment
Agency and the Oroville Redevelopment Agency -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11464)
3.24 * Pacific Municipal Consultants - Board approval is
requested by the Administrative Office for an
agreement with Pacific Municipal Consultants for the
consulting services of Tom Buford, to serve as the
Interim Director of Development Services. The term
of the agreement is May 14, 2001, through
October 12, 2001, with a maximum amount payable of
$98,800 (Development Services Department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.25 * Ed Becker - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health
for an amendment to the lease agreement with Ed
Becker for the property located at 985 and 995
Spruce Street, Gridley. The property is utilized as
a family counseling center. The amendment provides
for the acquisition of additional space (965 and
975 Spruce Street), extends the term of the
agreement through June 30, 2008, and increases the
maximum amount payable to $325,566.66 (department
budget) for the multi-year term - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Page 7 May 22, 2001
Time Item No.
3.26 * Kenneth B. Holden, Ph.D. - Board approval is
requested by the Butte County Department of
Behavioral Health for an agreement with Kenneth B.
Holden, Ph.D., for the provision of medical work in
the specialized field of psychology. The term of
the agreement is April 1, 2001, through
June 30, 2002, with a maximum amount payable of
$65,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X12036)
3.27 * North Valley Parent Education Network - Board
approval is requested by the Butte County Department
of Behavioral Health for two revenue agreements with
the North Valley Parent Education Network for the
provision of support services designed to reduce
juvenile crime:
A. the term of the agreement is July 1, 2000,
through December 31, 2000, with a maximum
amount payable to the County of $131,666; and
B. the term of the agreement is January 1, 2001,
through June 30, 2001, with a maximum amount
payable to the County of $131,666 - action
requested - APPROVE AGREEMENTS AND AUTHORIZE
THE CHAIR TO SIGN. (Contract Nos. R40295A and
R40295B)
3.28 * North Valley Parent Education Network - Amendment -
Board approval is requested by the Butte County
Department of Behavioral Health for an amendment to
the agreement with North Valley Parent Education
Network for the provision of specialty mental health
services to youth clients. The amendment provides
for language changes regarding the limited
cumulative maximum monthly payment schedule, with
all other terms and provisions, including term and
maximum amount payable, to remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.29 * Office of Criminal Justice Planning - Statutory Rape
Vertical Prosecution Grant - Board approval is
requested by the District Attorney to apply to the
Office of Criminal Justice Planning for $150,000 in
renewed funding for the Statutory Rape Vertical
Prosecution Program. The term of the grant will be
July 1, 2001, through June 30, 2002 - action
requested - APPROVE GRANT AND AUTHORIZE THE DISTRICT
ATTORNEY TO SUBMIT APPLICATION, AND TO SIGN ANY
SUBSEQUENT DOCUMENTS RELATING TO THE GRANT; AND
AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATION OF
ASSURANCE OF COMPLIANCE.
Page 8 May 22, 2001
Time Item No.
3.30 * City of Oroville - Southside Oroville Community
Center - Property Covenant - Board approval is
requested by the General Services Director for a
covenant of purpose, use and ownership between the
County and the City of Oroville, for the benefit of
the Economic Development Administration, United
States Department of Commerce. The agreement is a
requirement for the grant funding for the Southside
Oroville Community Center, and assures the Economic
Development Administration that: the expected life
of the project is twenty years; the project will
only be used for the purposes specified in the grant
agreement and will not be sold, leased, conveyed,
encumbered, abandoned or otherwise transferred
without prior written consent; if the County does
use the project for a non-authorized use or disposes
of the property, the Economic Development Agency
will be compensated; and, the County agrees the
covenant is a reasonable restraint on alienation of
use, control, possession of, or title to the project
and underlying real property - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL.
3.31 * Applied Testing Consultants, Inc. - Board approval
is requested by the General Services Director for an
agreement with Applied Testing Consultants, Inc.,
for the provision of special inspection, testing,
and code inspection services during construction of
the new Juvenile Hall. The term of the agreement is
twelve months from date of commencement, with a
maximum amount payable of $46,163 (project budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.32 * Air Quality Management District - Clean Air Funds
Grant - Board approval is requested by the Library
to apply to the Air Quality Management District for
$5,000 in grant funds to be utilized for automation
of the Bookmobile's holdings - action requested -
APPROVE SUBMISSION OF GRANT APPLICATION.
Page 9 May 22, 2001
Time Item No.
3.33 * California State University, Chico - Amendment -
Board approval is requested by the Public works
Department for an amendment to the revenue agreement
with California State University, Chico, for
services in support of the University's No Fare Bus
Program. The program allows students, faculty, and
staff to ride the Butte County Transit system free
of charge, with the University reimbursing the
County monthly based on the actual number of riders .
The amendment extends the agreement through
December 31, 2001, with a maximum amount payable to
the County of $18,000 for the period of
January 1, 2001, through December 31, 2001 - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40046)
3.34 * Ray Morgan Company - Board approval is requested by
the Sheriff's Office for a rental agreement with the
Ray Morgan Company for a document imaging system.
The term of the agreement is five years, with an
annual rental amount of $2,820. Board approval is
also requested on a budget transfer of department
funds to provide the necessary funding for the
agreement - action requested - APPROVE BUDGET
TRANSFER B-360; AND APPROVE RENTAL AGREEMENT AND
AUTHORIZE THE SHERIFF-CORONER TO SIGN. (Contract
No. X12038)
3.35 * Butte County Office of Education - Board approval is
requested by the welfare Department for an agreement
with the Butte County Office of Education for the
provision of the Foster Youth Services Program. The
term of the agreement is January 1, 2001, through
June 30, 2002, with a maximum amount payable of
$38,168 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X12020)
3.36 * Parent Education Network - Amendment - Board
approval is requested by the welfare Department for
an amendment to the agreement with the Parent
Education Network for the provision of the Families
in Transition Team Program. The amendment increases
the maximum amount payable by $29,600 for fiscal
year 2000-2001, and $60,000 for fiscal year 2001-
2002, (department budget) to provide for the
addition of two In-Home Visitor positions to the
program. The term remains March 1, 2001, through
June 30, 2002 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11649)
Page 10 May 22, 2001
Time Item No.
3.37 * Butte-Glenn Community College District - Board
approval is requested by the welfare Department for
an agreement with the Butte-Glenn Community College
District for the provision of Independent Living
Skills Program Enhancement Services. The term of
the agreement is October 1, 2000, through
June 30, 2002, with a maximum amount payable of
$39,994 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.38 * Feather River Tribal Health, Inc. - Board approval
is requested by the welfare Department for an
agreement with Feather River Tribal Health, Inc.,
for the provision of the Family Health Circle
Domestic Violence Treatment and Prevention Project
2001-2002. The term of the agreement is
June 1, 2001, through June 30, 2002, with a maximum
amount payable of $36,905 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.39 * Northern Valley Catholic Social Service - Board
approval is requested by the welfare Department for
an agreement with Northern Valley Catholic Social
Service for the provision of the working In Support
Everywhere (WISE) Project 2001-2002. The term of
the agreement is June 1, 2001, through
June 30, 2002, with a maximum amount payable of
$87,338 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Miscel- 3.40 * Chico Urban Area Fire and Rescue Agreement Annual
laneous Report - the Fire Department submits the report for
Board information - action requested - ACCEPT FOR
INFORMATION.
3.41 * Proposition 36 - Substance Abuse and Crime
Prevention Act of 2000 - County Plan - Board
approval is requested by the Butte County Department
of Behavioral Health for a County Plan for
implementation of the Proposition 36 Program by
July 1, 2001, as required by the State. The program
is designed to divert nonviolent persons convicted
of drug possession or drug use into treatment and
supervision in lieu of incarceration - action
requested - ADOPT RESOLUTION APPROVING COUNTY PLAN
AND AUTHORIZE THE CHAIR TO SIGN.
Page 11 May 22, 2001
Time Item No.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
2. National Association of Counties - Alternate
Member - consideration of the appointment of
a Board alternate - action requested - APPOINT
BOARD MEMBER ALTERNATE.
4.02 Update on legislative and budget activities.
(CHIEF ADMINISTRATIVE OFFICER)
* 1. Resolution in Support of Assembly Bill 1641
(Campbell) - consideration of a resolution of
support for Assembly Bill 1641 which would
permit county recorders to electronically
record certain real property documents -
action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
4.03 * Reconsideration of Bid Award - reconsideration of
the Board's action of May 8, 2001, awarding
Bid No. 110-01, construction of the Southside
Oroville Community Center, to Trent Construction of
Red Bluff in the amount of $3,463,963 - action
requested - AWARD BID AND AUTHORIZE THE CHAIR TO
SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER (FROM
5-8-O1 [3.08]); AND APPROVE BUDGET TRANSFER B-358
(4 /5 vote required). (COUNTY COUNSEL)
4.04 * Butte County Business Retention and Expansion
Study - presentation to the Board of the Butte
County Business Retention and Expansion Study
project - action requested - ACCEPT FOR INFORMATION;
PROVIDE INPUT AS REQUESTED; AND DIRECT STAFF TO
PROCEED WITH STUDY. (CHIEF ADMINISTRATIVE OFFICER)
Page 12 May 22, 2001
Time Item No.
4.05 Elected Department Head Presentation - Treasurer-Tax
Collector - presentation to the Board - action
requested - ACCEPT FOR INFORMATION. (TREASURER-TAX
COLLECTOR)
4.06 Elected Department Head Presentation - Sheriff-
Coroner - presentation to the Board - action
requested - ACCEPT FOR INFORMATION. (SHERIFF-
CORONER)
4.07 * Introduction of a Salary Ordinance Amendment -
Supervisor Yamaguchi and the Sheriff-Coroner are
requesting the Board approve a salary ordinance
amendment which would delete the vacant position of
Crime Prevention Coordinator, and create the
position of Crime Prevention Coordinator/Public
Information Officer ($15.55 - $18.90). The
Sheriff's Office is proposing to utilize salary
savings to fund the position through the remainder
of this fiscal year - action requested - WAIVE
READING OF THE ORDINANCE. (SUPERVISOR
YAMAGUCHI/SHERIFF-CORONER)
4.08 * Draft waste Service Agreements - consideration of a
draft waste service agreement for local waste
haulers - action requested - APPROVE THE DRAFT
AGREEMENT AND DIRECT THE PUBLIC WORKS DEPARTMENT TO
USE THE APPROVED DRAFT AS THE BASIS FOR NEGOTIATIONS
WITH THE WASTE HAULERS, AND WORKING WITH THE SOLID
WASTE COMMITTEE AND THE CONSULTANT, TO NEGOTIATE A
PROPOSED AGREEMENT FOR CONSIDERATION BY THE BOARD.
(PUBLIC WORKS)
Page 13 May 22, 2001
Time Item No.
4.09 A Matter on which a Public Hearing Has Been Held and
a Motion of Intent Adopted - General Plan Amendment
and Rezone for the Area in and Around the Sphere of
Influence for the City of Gridley - consideration of
the actions needed to implement the Motion of Intent
passed by the Board on May 8, 2001 - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS III A(1-5) AS DETAILED IN
THE STAFF REPORT DATED MAY 8, 2001, ADOPT A
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLIFE OR THEIR
HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION
TO THE COLLECTION OF FEES PURSUANT TO FISH AND
GAME CODE SECTION 711.4(d)(3) AND 14 CCR
753.3, AS THE PROJECT SITE IS NOT KNOWN TO
CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL
OR REGIONAL PLANS, POLICIES, OR REGULATIONS,
OR BY THE CALIFORNIA DEPARTMENT OF FISH AND
GAME OR UNITED STATES FISH AND WILDLIFE
SERVICES;
3. SUBJECT TO FINDINGS III C(1-3) AS DETAILED IN
THE STAFF REPORT DATED MAY 8 , 2 0 O l , ADOPT A
RESOLUTION AMENDING THE BUTTE COUNTY GENERAL
PLAN AND AUTHORIZE THE CHAIR TO SIGN; AND
4. SUBJECT TO FINDINGS III D(1-4) AS DETAILED IN
THE STAFF REPORT DATED MAY 8, 2001, ADOPT AN
ORDINANCE REZONING AREAS IN AND AROUND THE
GRIDLEY SPHERE OF INFLUENCE AS DETAILED IN THE
STAFF REPORT MAY 8, 2001, AND AUTHORIZE THE
CHAIR TO SIGN. (FILE NO. CBS [GPA 01-
02]/FROM 5-8-O1 [5.02]) (DEVELOPMENT
SERVICES)
Page 14 May 22, 2001
Time Item No.
4.10 Matters on which Public Hearings Have Been Held and
Motions of Intent Have Been Adopted - Joint Actions
and Resolution Amending the Butte County General
Plan - Russell General Plan Amendment (GPA Ol-O1);
Mooretown Rancheria General Plan Amendment and
Rezone (GPA/RZ 99-03); Schuster General Plan
Amendment and Rezone (GPA/RZ O1-05) and Tentative
Subdivision Map (APL O1-06, TSM 00-03) -
consideration of the actions needed to implement the
Motions of Intent passed by the Board on
February 27, 2001, March 13, 2001, and
March 27, 2001 - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. RUSSELL GENERAL PLAN AMENDMENT (GPA Ol-Ol)
A. SUBJECT TO FINDINGS I(A-D) AS DETAILED
IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
B. FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION
OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5, AS
THE PROJECT SITE IS NOT KNOWN TO CONTAIN
ANY SPECIES IDENTIFIED AS CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN
LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA
DEPARTMENT OF FISH AND GAME OR UNITED
STATES FISH AND WILDLIFE SERVICE. THE
PROJECT WILL NOT: HAVE A SUBSTANTIAL
ADVERSE EFFECT ON ANY RIPARIAN HABITAT;
HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED
BY SECTION 404 OF THE CLEAN WATER ACT;
INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR
MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL
RESOURCES; OR CONFLICT WITH THE
PROVISIONS OF AN ADOPTED HABITAT
CONSERVATION PLAN;
(Continued on Page 16)
Page 15 May 22, 2001
Time Item No.
4.10 1. C. SUBJECT TO FINDINGS III(A-B) AS DETAILED
(Cont.) IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, FIND THE GENERAL PLAN
AMENDMENT IS IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65358;
D. SUBJECT TO FINDINGS IV(A-D) AS DETAILED
IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, ADOPT A JOINT RESOLUTION
AMENDING THE GENERAL PLAN FROM GRAZING
AND OPEN LAND TO AGRICULTURAL-
RESIDENTIAL, ON PROPERTY IDENTIFIED AS A
25-ACRE PORTION OF APN 073-110-036,
PLANNING DIVISION FILE GPA Ol-Ol AND
AUTHORIZE THE CHAIR TO SIGN;
2. MOORETOWN RANCHERIA GENERAL PLAN AMENDMENT AND
REZONE (GPA/RZ 99-03)
A. SUBJECT TO FINDINGS I(A-E) AS DETAILED
IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
B. FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT, AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE PAYMENT OF
FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5, AS
THE PROJECT SITE IS NOT KNOWN TO CONTAIN
ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN
LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA
DEPARTMENT OF FISH AND GAME OR UNITED
STATES FISH AND WILDLIFE SERVICE. THE
PROJECT WILL NOT: HAVE A SUBSTANTIAL
ADVERSE EFFECT ON ANY RIPARIAN HABITAT;
HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED
BY SECTION 404 OF THE CLEAN WATER ACT;
INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR
MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL
RESOURCES; OR CONFLICT WITH THE
PROVISIONS OF AN ADOPTED HABITAT
CONSERVATION PLAN;
(Continued on Page 17)
Page 16 May 22, 2001
Time Item No.
4.10 2. C. SUBJECT TO FINDINGS III(A-B) AS DETAILED
(Cont.) IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, FIND THAT THE PROPOSED
GENERAL PLAN AMENDMENT IS IN THE PUBLIC
INTEREST IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65358;
D. SUBJECT TO FINDINGS IV(A-G) AS DETAILED
IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, ADOPT A JOINT RESOLUTION
AMENDING THE GENERAL PLAN FROM LOW
DENSITY RESIDENTIAL TO COMMERCIAL, AND
ADOPT AN ORDINANCE REZONING PROPERTY
IDENTIFIED AS A 5.45 ACRE PORTION OF APN
036-310-162 FROM AR (AGRICULTURAL
RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL)
SUBJECT TO THE CONDITIONAL ZONING
AGREEMENT ATTACHED TO THE ZONING
ORDINANCE AS EXHIBIT "A" IN THE JOINT
ACTIONS PREPARED FOR MAY 8, 2001, AND
AUTHORIZE THE CHAIR TO SIGN;
3. STEPHEN J. SCHUSTER GENERAL PLAN AMENDMENT,
REZONE, AND TENTATIVE SUBDIVISION MAP (GPA/RZ
O1-05) AND (APL O1-06, TSM 00-03)
A. SUBJECT TO FINDINGS I(A-F) AS DETAILED
IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
B. FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT, AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION
OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5, AS
THE PROJECT SITE IS NOT KNOWN TO CONTAIN
ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN
LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA
DEPARTMENT OF FISH AND GAME OR UNITED
STATES FISH AND WILDLIFE SERVICE.
(Continued on Page 18)
Page 17 May 22, 2001
Time Item No.
4.10 3. B. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL
(Cont.) ADVERSE EFFECT ON ANY RIPARIAN HABITAT;
HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED
BY SECTION 404 OF THE CLEAN WATER ACT;
INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR
MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL
RESOURCES; OR CONFLICT WITH THE
PROVISIONS OF AN ADOPTED HABITAT
CONSERVATION PLAN;
C. APPROVE FINDINGS SUPPORTING AN OVERRIDE
OF THE AIRPORT LAND USE COMMISSION'S
FINDINGS OF INCONSISTENCY OF TSM-00-03
AND GPA/RZ 00-05 WITH THE 1978 CHICO
MUNICIPAL AIRPORT ENVIRONS PLAN, AS
AMENDED OCTOBER 21, 1998, AND
DECEMBER 29, 1999, AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001
(4/5 vote required). THE BOARD HEREBY
MAKES THE FINDINGS REQUIRED BY PUBLIC
UTILITIES CODE SECTIONS 21670 AND 21676,
AS SUPPORTED BY THOSE SPECIFIC FINDINGS
SET FORTH IN THE JOINT ACTIONS PREPARED
FOR MAY 8, 2001, WHICH FINDINGS ARE
INCORPORATED HEREIN AND SUPPORT THE
CONCLUSION THAT APPROVAL OF THE SCHUSTER
GENERAL PLAN AMENDMENT, REZONE, AND
TENTATIVE SUBDIVISION MAP (SCHUSTER
PROJECT), AS DESIGNATED AND CONDITIONED,
WILL NOT CREATE ANY NEW NOISE AND SAFETY
PROBLEMS NEAR THE CHICO MUNICIPAL
AIRPORT. FURTHERMORE, THE APPROVAL
OF THE SCHUSTER PROJECT, AS CONDITIONED,
INCLUDES LAND USE MEASURES THAT MINIMIZE
THE PUBLIC'S EXPOSURE TO EXCESSIVE
NOISE, OVERFLIGHT AND SAFETY HAZARDS AND
PROVIDE AIRSPACE PROTECTION. THESE
CONCLUSIONS ARE SUPPORTED BY THE
DETAILED INFORMATION CONTAINED IN THE
ADMINISTRATIVE RECORD. THEREFORE, THE
APPROVAL OF THE SCHUSTER PROJECT IS
CONSISTENT WITH THE PURPOSES OF ARTICLE
3.5 OF CHAPTER 4 OF PART I OF DIVISION 9
OF THE PUBLIC UTILITIES CODE, AS STATED
IN PUBLIC UTILITIES CODE SECTION 21670.
(Continued on Page 19)
Page 18 May 22, 2001
Time Item No.
4.10 3. D. SUBJECT TO FINDINGS IV (A-D) AS DETAILED
(Cont.) IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, FIND THAT THE PROPOSED
GENERAL PLAN AMENDMENT IS IN THE PUBLIC
INTEREST IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65358;
E. SUBJECT TO FINDINGS V(Al-7) AS DETAILED
IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, ADOPT AN ORDINANCE REZONING
FROM P-Q (PUBLIC, QUASI-PUBLIC) TO SR-1
(SUBURBAN RESIDENTIAL - 1 ACRE PARCELS);
OS (OPEN SPACE) TO P-Q; AND SR-1 TO P-Q,
AND ADOPT A RESOLUTION AMENDING THE LAND
USE ELEMENT OF THE GENERAL PLAN FROM
"PUBLIC" TO "AGRICULTURAL RESIDENTIAL",
AND FROM "OPEN SPACE" TO "PUBLIC" AND
"AGRICULTURAL RESIDENTIAL" TO "PUBLIC",
PROPERTY IDENTIFIED AS A 5-ACRE PORTION
OF APN 047-350-130, AND A 6.71 ACRE
PORTION OF APN 047-350-015, SUBJECT TO
THE CONDITIONAL ZONING AGREEMENT
ATTACHED TO THE ZONING ORDINANCE AS
EXHIBIT "B" IN THE JOINT ACTIONS
PREPARED FOR MAY 8, 2001, AND AUTHORIZE
THE CHAIR TO SIGN;
F. SUBJECT TO FINDINGS VI(A-F) AS DETAILED
IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, ADOPT A JOINT RESOLUTION
AMENDING THE GENERAL PLAN BY AMENDING
THE NORTH CHICO SPECIFIC PLAN FIGURES 5-
1 PARKS AND OPEN SPACE, 6-3 DRAINAGE
CONCEPT, AND FIGURE 3-1 LAND USE MAP, IN
ACCORDANCE WITH THE ACTIONS CONTAINED IN
ACTION "E" LISTED ABOVE, ON PROPERTY
IDENTIFIED AS A 5-ACRE PORTION OF APN
047-350-130, AND A 6.71 ACRE PORTION OF
APN 047-350-015, AND AUTHORIZE THE CHAIR
TO SIGN;
G. SUBJECT TO FINDINGS VII(A-D) AS DETAILED
IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001, UPHOLD THE APPEAL, AND
APPROVE TENTATIVE SUBDIVISION MAP 00-03,
FOR STEPHEN J. SCHUSTER, SUBJECT TO THE
CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE JOINT ACTIONS
PREPARED FOR MAY 8, 2001. (FROM 5-8-O1
[4.10]) (DEVELOPMENT SERVICES)
Page 19 May 22, 2001
Time Item No.
4.11 * Chief Administrative Officer Recruitment -
consideration of draft brochure for the pending
recruitment of the Chief Administrative Officer
position - action requested - REVIEW AND PROVIDE
SUGGESTIONS FOR FINAL CHANGES TO BE INCORPORATED
INTO THE DOCUMENT. (CHIEF ADMINISTRATIVE OFFICER)
4.12 Items removed from the Consent Agenda for Board
consideration and action.
5.00 Public Hearincrs and Timed Items
10:30 A.m. 5.01 Public Hearing - Paradise Evangelical Free Church -
Use Permit Appeal - consideration of two appeals:
(1) an appeal of the Planning Commission's approval
of a Use Permit to allow an athletic field
(baseball, soccer, etc.) and restrooms, and a
6,000 square-foot gymnasium with restroom and shower
facilities. The gymnasium will also serve as Sunday
School rooms; and (2) an appeal of a condition of
approval (Condition No. 9) requiring a left turn
pocket on Pentz Road. This is a project on which
notice of intent to adopt a negative declaration
with mitigation measures regarding environmental
impacts has been given. The project is proposed to
be developed in three phases : Phase 1 - Construction
of the athletic field upon approval of the Use
Permit; Phase 2 - Restrooms (one to two years after
approval of the Use Permit); and Phase 3 - Gymnasium
(two to five years after approval of the Use
Permit). The athletic field will be used for games
held by members of the church and for church league
games. The applicant does not propose to allow non-
church leagues (such as Paradise Recreation and Park
District) or the general public to use the field.
The applicant anticipates that the field will be
used for organized games three to four times per
week. The property is zoned AR-1 (Agricultural
Residential - 1 acre parcels), and located on the
north side of Safari Lane, on the northwest corner
of Pentz Road and Safari Lane, at 5097 Pentz Road,
and identified as APN 055-590-083 (SB [File No. UP
O1-15]) - action requested - STAFF RECOMMENDS THE
BOARD DENY THE APPEALS AND APPROVE THE PROJECT, AND
HAS PROVIDED TWO ALTERNATIVE ACTIONS FOR THE BOARD'S
CONSIDERATION:
1. SHOULD THE BOARD CHOOSE TO DENY BOTH APPEALS
THE FOLLOWING ACTIONS SHOULD BE TAKEN:
A. SUBJECT TO FINDING I(A) AS DETAILED IN
THE STAFF REPORT DATED MAY 22, 2001,
DENY THE APPEAL OF THE NEARBY LANDOWNER;
(Continued on Page 21)
Page 20 May 22, 2001
Time Item No.
5.01 1 B. SUBJECT TO FINDING II(A) AS DETAILED IN
(Cont.) THE STAFF REPORT DATED MAY 22, 2001,
DENY THE APPEAL OF THE PROJECT
APPLICANT;
C. SUBJECT TO FINDINGS III(A-D) AS DETAILED
IN THE STAFF REPORT DATED MAY 22, 2001,
ADOPT A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS WITH THE
FOUR MITIGATION MEASURES DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001;
D. FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION
OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5, AS
THE AREA SUBJECT TO DEVELOPMENT DOES NOT
CONTAIN ANY SIGNIFICANT AMOUNT OF
WILDLIFE HABITAT, AND THE UNDEVELOPED
AREA ON THE PROJECT SITE THAT CONTAINS
EXTENSIVE WILDLIFE HABITAT WILL NOT BE
DISTURBED BY THE PROJECT; AND
E. SUBJECT TO FINDINGS V(A-C) AS DETAILED
IN THE STAFF REPORT DATED MAY 22, 2001,
AND THE CONDITIONS OF APPROVAL AS
DETAILED IN "EXHIBIT A" OF THE STAFF
REPORT DATED MAY 22, 2001, APPROVE USE
PERMIT O1-15 FOR THE PARADISE
EVANGELICAL FREE CHURCH AND AUTHORIZE
THE CHAIR TO SIGN.
2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL
BY THE PROJECT APPLICANT, THE FOLLOWING
ACTIONS SHOULD BE TAKEN:
A. SUBJECT TO FINDING I (A) AS DETAILED IN
THE STAFF REPORT DATED MAY 22, 2001,
DENY THE APPEAL OF THE NEARBY LANDOWNER
AND UPHOLD THE APPEAL BY THE PROJECT
APPLICANT;
(Continued on Page 22)
Page 21 May 22, 2001
Time Item No.
5.01 2. B. SUBJECT TO FINDINGS II (A-D) AS DETAILED
(Cont.) IN THE STAFF REPORT DATED MAY 22, 2001,
ADOPT A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS, WITH
THE FOUR MITIGATION MEASURES DETAILED IN
THE STAFF REPORT DATED MAY 22, 2001;
C. FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION
OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5, AS
THE AREA SUBJECT TO DEVELOPMENT DOES NOT
CONTAIN ANY SIGNIFICANT AMOUNT OF
WILDLIFE HABITAT, AND THE UNDEVELOPED
AREA ON THE PROJECT SITE THAT CONTAINS
EXTENSIVE WILDLIFE HABITAT WILL NOT BE
DISTURBED BY THE PROJECT; AND
D. SUBJECT TO FINDINGS IV(A-C) AS DETAILED
IN THE STAFF REPORT DATE MAY 2 2 , 2 0 01,
AND THE CONDITIONS OF APPROVAL AS
DETAILED IN EXHIBIT "A" OF THE STAFF
REPORT DATED MAY 22, 2001, WITH THE
DELETION OF CONDITION NO. 9, APPROVE USE
PERMIT O1-15 FOR THE PARADISE
EVANGELICAL FREE CHURCH AND AUTHORIZE
THE CHAIR TO SIGN.
11:00 A.M. 5.02 Continued Public Hearing - Supervisorial
Redistricting - consideration of the establishment
of criteria for development of new supervisorial
boundary lines, and receipt of input from the
public - action requested - SUBMIT WRITTEN OR ORAL
BOARD MEMBER REDISTRICTING SUGGESTIONS; ADOPT
CRITERIA. (FROM 5-8-O1 [5.03])
Page 22 May 22, 2001
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
94956.9(a) REQUEST AUTHORIZATION TO JOIN AMICUS
CURIAE IN THE CASE OF INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 3, AFL-CIO VS. COUNTY OF
SANTA CRUZ AT THE TRAIL LEVEL AND APPELLATE LEVEL.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) TWO POTENTIAL CASES.
7.03 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM
AVERY;
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND
SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA
(SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY
PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY
SHERIFFS' ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT).
7.04 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR OF CHILD
SUPPORT SERVICES.
7.05 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL.
7.06 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54956.8:
PROPERTY: 6626 SKYWAY, PARADISE;
AGENCY NEGOTIATOR: JOHN BLACKLOCK;
NEGOTIATING PARTIES: COUNTY OF BUTTE AND PARADISE
RECREATION AND PARK DISTRICT;
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT.
Page 23 May 22, 2001
Time Item No.
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.)
Greg Webb, Chairman, Building Industry
Association of Superior California, writes the
Board regarding the Airport Land Use
Commissions' adopted 2000 Comprehensive Land
Use Plan (CLUP), and recommends the Board
consider overriding the CLUP on lands near the
Chico Municipal Airport. (REFERRED TO BOARD,
CHIEF ADMINISTRATIVE OFFICER, AND DEVELOPMENT
SERVICES [5-4-O1])
2. Susan Ritchie, Vice President, Government
Affairs, AT&T Broadband, writes the Board to
give notice that effective June 1, 2001, AT&T
Broadband will reduce the administrative fee
for late payments from $4.75 to $4.51 plus
applicable franchise fees.
A copy of the agenda and supporting material provided to the Board of Supervisors members to explain each agenda item
(excluding documents that are not a public record within the meaning of the Public Records Act) is available in the
Administrative Office for your review. Please do not remove items from this file. A copy can be made for you at a charge
to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda supporting material.
Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within
the meaning of the Public Records Act) are available at the Administrative Office upon request. An "*" appearing before an
agenda item in the agenda signifies that material has been provided to the Board of Supervisors members to explain this item.
The Board of Supervisors is committed to making its proceedings accessible to all citizens. Individuals with special needs
may call 530-538-7643 for assistance. All requests must be made 48 hours prior to the meeting.
Page 24 May 22, 2001