HomeMy WebLinkAboutA053000BOARD OF SUPERVISORS
AGENDA
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Mav 30, 2000
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 Steve Grandy, Jubilee on the
Ridge, Paradise.
3.00 Consent A ecr nda
Minutes 3.01 * Approval of Minutes - action requested - APPROVE
MINUTES OF APRIL 25, 2000, AND MAY 16, 2000 .
Budget 3.02 * Budget Transfers - action requested - APPROVE
Transfers BUDGET TRANSFERS B-357 (DISTRICT ATTORNEY [4/5 vote
required]) AND B-356 (PROBATION).
Donations 3.03 County Library Donations - in accordance with
Government Code Section 25355, donations of $928
from Oroville Friends of the Library, and $500 from
Fraternal Order of Eagles, have been received for
the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
Fixed 3.04 * Microfilm Reader - Development Services - Board
Assets and approval is requested by the Development Services
Facilities Department to purchase a microfilm reader in the
estimated amount of $4,000 (department budget). The
equipment is needed for research and file
retrieval - action requested - APPROVE PURCHASE OF
A FIXED ASSET ITEM.
Time Item No.
3.05 * Vehicles and Computer Equipment - District
Attorney - Board approval is requested by the
District Attorney to accept and appropriate $487,112
in unanticipated State child support reform funds.
Board approval is also requested to utilize a
portion of these funds to purchase a laptop computer
in the amount of $3,500, and to purchase three
vehicles for the Family Support Division in the
amount of $85,458. The vehicles were originally
approved in the department's fiscal year 1999-2000
budget, but the purchase was canceled to provide
additional funding for the automated voice response
telephone answering system. Receipt of these funds
will allow the department to move forward with the
vehicle purchase. The remaining funds are to be
appropriated as detailed in the staff report -
action requested - APPROVE BUDGET TRANSFER B-359
(4 /5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE; AND APPROVE PURCHASE OF FIXED
ASSET ITEMS.
3.06 * Propane Powered Forklift - Sheriff's Office - Board
approval is requested by the Sheriff's Office to
accept a military surplus 1988 Mitsubishi forklift
received by the Sheriff's Office at no cost - action
requested - ACCEPT FORKLIFT AS A FIXED ASSET.
Audit and 3.07 * Annual Statement of Investment Policy - Board
Finance approval is requested by the Treasurer-Tax
Collector, pursuant to Government Code Section
53646, for an Annual Statement of Investment Policy
which sets forth a policy regarding the investment
of surplus funds and funds under the custodianship
of the Treasurer. The policy was review by the Butte
County Treasury Oversight Committee, and will become
effective July 1, 2000, for fiscal year 2000-2001 -
action requested - APPROVE STATEMENT OF INVESTMENT
POLICY EFFECTIVE JULY 1, 2000.
3.08 * State Board of Equalization (SBE) - Request for
Records - Board approval is requested by the
Assessor for a resolution which requests access to
State Board of Equalization files. The request is
being made in response to SBE's review of public
utilities assessments. The Assessor would like to
review the files, as it is believed the SBE may
reduce utility taxable values - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Page 2 May 30, 2000
Time Item No.
3.09 * National Children's Alliance - Unanticipated Grant
Revenue - Board approval is requested by the
District Attorney to accept and appropriate $6,000
in unanticipated National Children's Alliance grant
funds. These funds will be combined with $4,000 in
National Children's Alliance funds received in 1999.
The $10,000 will be utilized to produce video tapes
designed to assist child abuse victims through the
court process - action requested - APPROVE BUDGET
TRANSFER B-354 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE, AND
TRANSFERRING PREVIOUS GRANT FUNDS.
Ordinances 3.10 Adoption of a Salary Ordinance Amendment - Board
and approval is requested by the Personnel Department
Resolutions for a salary ordinance amendment which includes
changes that are the result of a Memorandum of
Understanding with the Butte County Management
Employees Association. The amendment addresses only
those changes pertaining to adjustments effective
October 2, 1999. Salary adjustments which will
become effective July 2000 will be included in a
subsequent ordinance - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
5-16-00 [3.10])
3.11 Adoption of a Salary Ordinance Amendment - Board
approval is requested by the Personnel Department
for a salary ordinance amendment which includes
adjustments for appointed and elected department
heads, effective July 8, 2000, in conformance with
the compensation program for appointed and elected
department heads - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
5-16-00 [3.11])
3.12 * Introduction of a Salary Ordinance Amendment - the
Superior Court of California, County of Butte, has
requested the Personnel Department prepare a salary
ordinance amendment which will increase the salary
of the Court Executive Officer pursuant to Superior
Court Resolution No. 19980003, retroactive to
April 1, 2000 - action requested - WAIVE READING OF
THE ORDINANCE.
3.13 * Introduction of a Salary Ordinance Amendment - Board
approval is requested by the Personnel Department
for a salary ordinance amendment which will
establish the salary for the new County Counsel
appointee, effective June 17, 2000 - action
requested - WAIVE READING OF THE ORDINANCE.
Page 3 May 30, 2000
Time Item No.
3.14 * Introduction of a Salary Ordinance Amendment - the
Behavioral Health Department has requested the
Personnel Department prepare a salary ordinance
amendment which extends two term Mental Health
Clinician II/I positions, and four Senior Mental
Health Counselor/Mental Health Counselor/Mental
Health worker positions to June 30, 2001. The terms
are being extended in response to extended Parent
Education Network-Office of Child Abuse Prevention
grant funding - action requested - WAIVE READING OF
THE ORDINANCE.
3.15 * Resolution Honoring John Fowler upon His Retirement
from the Butte County Fire Department - Board
approval is requested by the Fire Department for a
resolution which honors John Fowler, Volunteer Fire
Chief, Clipper Mills Volunteer Company - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
3.16 * Resolution Regarding Transfer of Cable Franchise -
Board approval is requested by the Administrative
Office for a resolution which incorporates minor
technical changes to Resolution No. 00-68, adopted
May 16, 2000. Resolution No. 00-68 established
customer service regulations, and conditionally
approved the transfer of control of the County's
cable television franchise from Chambers
Communications Corporation to AT&T Corporation. The
proposed resolution will serve as a "clean-up"
resolution and includes minor technical changes
which do not change the intent of the proposed
transfer resolution - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Roads 3.17 * Resolution Certifying Annual Changes to Butte County
Maintained Mileage - Board approval is requested by
the Public works Department for an annual resolution
which certifies the current maintained mileage
within Butte County pursuant to Streets and Highways
Code Section 2121. The total mileage of maintained
County roads is certified at 1359.56 miles - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
3.18 * Resolution Declaring a Four-way Stop Intersection at
Lincoln Boulevard and Ophir Road - Board approval is
requested by the Public works Department for a
resolution which would declare the intersection of
Lincoln Boulevard and Ophir Road a four-way stop -
action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
Page 4 May 30, 2000
Time Item No.
3.19 * Rubberized Asphalt Chip Seal Proposal - Lower
Wyandotte Road - consideration of an agreement with
western States Surfacing for the construction of a
rubberized asphalt chip seal project on 3.3 miles of
Lower Wyandotte Road, at the estimated costs of
$136,000 (department budget). Board approval is
also requested for a budget transfer of department
funds to provide funding for the agreement - action
requested - APPROVE BUDGET TRANSFER B-358 (4 /5 vote
required); ACCEPT THE BID FROM WESTERN STATES
SURFACING; AND AWARD CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
3.20 * Award of Bid - Construction of Pavement Overlays in
the Kelly Ridge Area - County Project No. AC-99-1 -
the project consists of pavement overlays on Kelly
Ridge Road, Royal Oaks Drive, and Jack Hill Drive -
action requested - AWARD BID TO LOW BIDDER, ROBINSON
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF
$461,213.50, AND AUTHORIZE THE CHAIR TO SIGN
CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.21 * Award of Bid - Construction of Payment Overlays in
the Paradise Pines Area - County Project
No. AC-99-2 - the project consists of pavement
overlays on South Park Drive, west Park Drive, and
Ponderosa way - action requested - AWARD BID TO LOW
BIDDER, ROBINSON CONSTRUCTION COMPANY, INC., IN THE
AMOUNT OF $353,891, AND AUTHORIZE THE CHAIR TO SIGN
CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.22 * Award of Bid - Roadway Rehabilitation on Skyway from
Ponderosa way to Nimshew Road - County Project
No. 51261 (3) -99-1 - the project consists of pavement
overlays and minor widening to accommodate
construction of left turn pockets/lanes from
Ponderosa way to Nimshew Road - action requested -
AWARD BID TO LOW BIDDER, BALDWIN CONTRACTING
COMPANY, INC., IN THE AMOUNT OF $486,638, AND
AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION AGREEMENT
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR CONTROLLER.
Page 5 May 30, 2000
Time Item No.
Agreements 3.23 * Bartig, Basler & Ray - Board approval is requested
and by the Auditor-Controller for an agreement with
Grants Bartig, Basler & Ray for the provision of annual
financial and compliance audits for Butte County.
The term of the agreement covers the following
fiscal years, and maximum amounts payable:
1999-2000 - $47,000; 2000-2001 - $48,645; and 2001-
2002 - 50,350 (department budget). The Grand Jury
Audit and Finance Committee has reviewed the
proposal and concurs with the Auditor-Controller's
recommendation of Bartig, Basler & Ray - action
requested - APPROVE AUDITOR-CONTROLLER'S SELECTION
OF BARTIG, BASLER & RAY; AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL. (Contract No. X11645)
3.24 * California Friday Night Live Partnership - Board
approval is requested by the Butte County Department
of Behavioral Health for a grant agreement with
California Friday Night Live Partnership for the
provision of training and development services for
leaders of the Friday Night Live program. The term
of the grant is February 1, 2000, through
January 31, 2001, with a maximum amount payable to
the County of $10,000 - action requested - ADOPT A
RESOLUTION AUTHORIZING PARTICIPATION IN THE PROGRAM;
APPROVE BUDGET TRANSFER B-355 (4/5 vote required)
ACCEPTING, APPROPRIATING AND ALLOCATING GRANT
REVENUE; AND APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. R40216)
3.25 * Paradise Unified School District - Board approval is
requested by the Butte County Department of
Behavioral Health for an agreement with the Paradise
Unified School District for the provision of mental
health services to referred students and their
families. The term of the agreement is
January 1, 2000, through June 30, 2000, with a
maximum amount payable of $150,000 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11589)
3.26 * Samuel A. Brown, M.D. - Board approval is requested
by the Butte County Department of Behavioral Health
for an agreement with Samuel A. Brown for the
provision of psychiatry services. The term of the
agreement is March 1, 2000, through June 30, 2001,
with a maximum amount payable of $43,520 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11615)
Page 6 May 30, 2000
Time Item No.
3.27 * Michael Hitchko, Ph.D. - Amendment - Board approval
is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement
with Michael Hitchko for the provision of psychology
services. The amendment increases the maximum
amount payable by $12,150 (department budget) as a
result of increased caseload. 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. X11302)
3.28 * A.D.I. Investigative Services - Amendment - Board
approval is requested by the District Attorney for
an amendment to the agreement with A.D.I.
Investigative Services for the provision of legal
process services for the Family Support Division.
The amendment increases the maximum amount payable
by $25,000 (department budget) due to increased
utilization of services - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11403)
3.29 * United States Department of Justice/United States
Department of Treasury - Federal Equitable Sharing
Agreement - Board approval is requested by the
District Attorney to enter into a Federal Equitable
Sharing Agreement with the United States Departments
of Justice and Treasury. The agreement provides for
Butte County to receive a share of the asset
forfeitures from Federal cases when the County has
assisted in the case - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.30 * Statutory Rape Vertical Prosecution Grant - Office
of Criminal Justice Planning - Board approval is
requested by the District Attorney to apply to the
Office of Criminal Justice Planning for a Statutory
Rape Vertical Prosecution Grant for fiscal year
2000-2001 - action requested - ADOPT A RESOLUTION
APPROVING THE GRANT APPLICATION AND AUTHORIZE THE
CHAIR TO SIGN.
Page 7 May 30, 2000
Time Item No.
3.31 * California Department of Forestry and Fire
Protection - Power Line Inspection Program - Board
approval is requested by the Fire Department for a
cooperative agreement with the California Department
of Forestry and Fire Protection for the provision of
services in support of the Power Line Inspection
Program. The term of the agreement is July 1, 1999,
through June 30, 2000, in the maximum amount payable
of $143,672 (department budget) - action requested -
ADOPT A RESOLUTION APPROVING THE COOPERATIVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10936)
3.32 * Juvenile Accountability Incentive Block Grant
Program - Office of Criminal Justice Planning -
Board approval is requested by the Probation
Department to accept a grant award in the amount of
$37,526 from the Office of Criminal Justice
Planning. Funding from the grant will be utilized
to support a peer court program, a curfew and court
compliance program, a weekend accountability
program, and to cover the cost of random drug tests
on juvenile probationers. The term of the grant is
through June 30, 2001, and requires a $4,170 County
match (department budget) - action requested - ADOPT
A RESOLUTION APPROVING PARTICIPATION IN THE GRANT
PROGRAM AND AUTHORIZING THE CHIEF PROBATION OFFICER
TO ADMINISTER THE GRANT AND AUTHORIZE THE CHAIR TO
SIGN.
3.33 * Butte Anti-drug Special Supervision (BASS) Grant
Program - Office of Criminal Justice Planning -
Board approval is requested by the Probation
Department to apply to the Office of Criminal
Justice Planning for a BASS grant in the amount of
$255,588 (1000 State) for fiscal year 2000-2001.
Grant funds will be utilized for probation and
intervention strategies targeted at drug offenders -
action requested - ADOPT A RESOLUTION APPROVING THE
GRANT APPLICATION AND AUTHORIZING THE CHIEF
PROBATION OFFICER TO SIGN THE GRANT AWARD AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
Page 8 May 30, 2000
Time Item No.
3.34 * State of California-Office of Traffic Safety - High
Intensity DUI Enforcement Grant - Board approval is
requested by the Probation Department to accept a
grant award in the amount of $265,170 (1000 State)
from the State of California-Office of Traffic
Safety. Grant funding will be utilized for a
project designed to target high risk repeat DUI
offenders on felony probation. The term of the
grant is April 1, 2000, through March 31, 2002 -
action requested - ACCEPT GRANT AWARD AND AUTHORIZE
THE CHIEF PROBATION OFFICER TO ADMINISTER THE GRANT;
AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN GRANT DOCUMENTS.
3.35 * Pacific Gas and Electric - Board approval is
requested by the Public works Department for
agreements (actual cost agreement, joint use
agreement, and consent to common use agreement) with
Pacific Gas and Electric which will provide for the
relocation of overhead electrical utilities in
response to the Centerville Road Bridge across Butte
Creek project . The estimated cost for the relocation
project is $50,000 (department budget) and is not a
reimbursable expense associated with the bridge
project - action requested - APPROVE AGREEMENTS AND
AUTHORIZE THE CHAIR TO SIGN.
3.36 * California State Association of Counties-Excess
Insurance Authority (CSAC-EIA) - Memorandum of
Understanding - Board approval is requested by the
Risk Manager for a Memorandum of Understanding with
the CSAC-EIA authorizing Butte County to participate
in the fully insured Primary Workers' Compensation
Program. The term of the agreement is July 1, 2000,
through June 30, 2005 - action requested - APPROVE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.37 * State of California-Department of water Resources -
Board approval is requested by the Sheriff's Office
for a revenue agreement with the State of
California-Department of water Resources for the
provision of boat and vehicular patrol services,
including law and boating safety enforcement, at the
Thermalito Afterbay facilities. The term of the
agreement is July 1, 2000, through June 30, 2003,
with a maximum amount payable to the County of
$486,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR AND THE SHERIFF-CORONER TO SIGN.
(Contract No. R40226)
Page 9 May 30, 2000
Time Item No.
Miscel 3.38 * Certification of Statement of Votes Cast - the
laneous County Clerk Recorder-Registrar of Voters submits
the Certification of Statement of Votes Cast for the
Special Recall Election held May 2, 2000, in the
City of Oroville - action requested - ACCEPT AND
APPROVE THE CERTIFICATION OF STATEMENT OF VOTES
CAST.
3.39 * Certification of Statement of Votes Cast - the
County Clerk Recorder-Registrar of Voters submits
the Certification of Statement of Votes Cast for the
Manzanita Elementary School District Special School
Bond Election held May 2, 2000, in the Manzanita
Elementary School District - action requested -
ACCEPT AND APPROVE THE CERTIFICATION OF STATEMENT OF
VOTES CAST.
4.00 Regular A ecr nda
4.01 Appointments - Commissions and Committees
* 1. Appointments to committee vacancies.
* 2. Sacramento River Fisheries and Riparian
Habitat Management Plan Program - Non-Profit
Organization Appointments - action requested -
APPOINT ONE LANDOWNER REPRESENTATIVE (TERM TO
END 2002), AND ONE PUBLIC INTEREST
REPRESENTATIVE (TERM TO END 2003). (BOARD OF
SUPERVISORS [FROM 5-16-00/5.05])
4.02 Update on legislative and budget activities.
(CHIEF ADMINISTRATIVE OFFICER)
* 1. Request for Support - Assembly Bill 2754
(House) - consideration of a letter of support
for Assembly Bill 2754, which, if adopted,
will reduce the fiscal impacts of Senate Bill
1785, which increased the sheltering period
for stray animals - action requested - APPROVE
LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO
SIGN.
4.03 * Butte County Farm, Home and 4-H Support Group -
presentation to the Board of the newly formed Butte
County Farm, Home and 4-H Support Group - action
requested - ACCEPT FOR INFORMATION. (RIAN FARLEY)
Page 10 May 30, 2000
Time Item No.
4.04 * Butte Basin water Users Association - Annual
Report - presentation to the Board of the Butte
Basin water Users Association's Annual Report by
Toccoy Dudley, Butte County water Commission
Technical Advisory Committee - action requested -
ACCEPT FOR INFORMATION. (WATER AND RESOURCE
CONSERVATION)
4.05 * A Matter on which a Public Hearing Has Been Held and
a Motion of Intent Adopted - Minor Use Permit -
Suzanne Jessen - appeal of the Planning Commission's
denial of a Minor Use Permit to allow a large family
day care facility for 12 or fewer children (item
determined to be categorically exempt from
environmental review) on property zoned A-10
(Agricultural - 10 acre parcels) and located on the
west side of Esquon Road, approximately .41 miles
north of Durham-Dayton Highway in the Durham area,
and identified as APN 040-150-026 - action
requested:
1. SUBJECT TO FINDING I AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, FIND THAT THE MINOR
USE PERMIT FOR SUZANNE JESSEN FOR A LARGE
FAMILY DAY CARE FACILITY FOR 12 OR FEWER
CHILDREN, IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15303 (CLASS
3); AND
2. SUBJECT TO FINDINGS II (A-E) AS DETAILED IN
THE STAFF REPORT DATED MAY 30, 2000, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, APPROVE THE MINOR USE PERMIT AND
AUTHORIZE THE CHAIR TO SIGN. (DEVELOPMENT
SERVICES [FROM 5-16-00/5.02])
4.06 * Butte County Fiscal Year 1999-2000 Budgetary
Update - discussion of budgetary issues for the
Sheriff's Office and Fire Department - action
requested - BOARD DISCUSSION AND DIRECTION.
4.07 Items removed from the Consent Agenda for Board
consideration and action.
Page 11 May 30, 2000
Time
10:30 A.M
Item No.
5.00 Public Hearincrs and Timed Items
5.01 * Continued Public Hearing - Use Permit - Robyn
Kissler - consideration of an appeal of the Planning
Commission's approval of a Use Permit as an
amendment to Use Permit 96-15, modifying the
existing emergency dog shelter for 49 dogs to a
private kennel for 30 show dogs (item on which a
negative declaration with mitigation measures
regarding environmental impacts has been
recommended), 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 No. UP 00-31]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE
STAFF REPORT DATED MAY 30, 2000, ADOPT A
MITIGATED NEGATIVE DECLARATION AND AUTHORIZE
THE CHAIR TO SIGN;
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 FEES; AND
3. SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN
THE STAFF REPORT DATED MAY 30, 2000, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, DENY THE APPEAL AND APPROVE USE
PERMIT 00-03 MODIFYING USE PERMIT 96-15 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-25-00
[5.03] )
Page 12
May 30, 2000
Time Item No.
11:00 A.m. 5.02 * Public Hearing - County of Butte - west Sacramento
Avenue Bridge - Draft Initial Study/Mitigated
Negative Declaration - consideration of the
conceptual plans and environmental determination for
construction of a new bridge on west Sacramento
Avenue at Kusal Slough. The proposed project site
is located on west Sacramento Avenue, approximately
5 miles west of the city of Chico. The project
involves construction and operation of a new bridge
over Kusal Slough which will replace a structurally
deficient and functionally obsolete bridge currently
spanning the channel. No acquisition of additional
right-of-way along west Sacramento Avenue will be
required. The new bridge will be constructed in the
same location as the current bridge, as shown in the
plan prepared by the Butte County Public works
Department, dated February 10, 2000 (revision). A
Mitigated Negative Declaration has been prepared for
the proposed project. The Initial Study, upon which
the proposed Mitigated Negative Declaration is
based, concludes that potential environmental
impacts can be reduced to less-than-significant
levels - action requested:
1. FIND THAT THE WEST SACRAMENTO AVENUE BRIDGE
ACROSS KUSAL SLOUGH, BUTTE COUNTY PROJECT
NUMBER 54123-95-2, COULD NOT HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND
2. SUBJECT TO FINDINGS II (A AND B) AS DETAILED
IN THE STAFF REPORT DATED MAY 16, 2000, ADOPT
THE NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS WITH MITIGATIONS 1-9, AS
DETAILED IN THE STAFF REPORT DATED
MAY 16, 2000, AND AUTHORIZE THE CHAIR TO SIGN.
Page 13 May 30, 2000
Time Item No.
11:30 A.m. 5.03 * Public Hearing - Scott Martin - Use Permit -
consideration of an appeal of the Planning
Commission's approval of a Use Permit to terminate
the Conveyance of Development Rights and Open Area
Easement of a homesite segregation agreement on
property zoned A-5 (Agricultural - 5 acre parcels),
and located on the north side of Chatfield Avenue,
approximately 400 feet west of Azevedo Avenue in the
Biggs area. The property is identified as APN 022-
190-049 (SB [File No. UP 00-09]) - action requested:
1. SHOULD THE BOARD CHOOSE TO DENY THE APPEAL AND
APPROVE THE USE PERMIT, STAFF RECOMMENDS THE
BOARD TAKE THE FOLLOWING ACTIONS:
A. DENY THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL OF A USE PERMIT TO
TERMINATE THE CONVEYANCE OF DEVELOPMENT
RIGHTS AND OPEN AREA EASEMENT OF A
HOMESITE SEGREGATION AGREEMENT;
B. DETERMINE THE PROJECT TO BE
CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW PURSUANT TO SECTION 15303 (a) OF
THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT; AND
C. SUBJECT TO FINDING III (A) AS DETAILED
IN THE STAFF REPORT DATED MAY 30, 2000,
AND THE CONDITIONS OF APPROVAL AS
DETAILED IN THE STAFF REPORT DATED
MAY 30, 2000, APPROVE THE USE PERMIT TO
TERMINATE THE CONVEYANCE OF DEVELOPMENT
RIGHTS AND OPEN AREA EASEMENT OF A
HOMESITE SEGREGATION AGREEMENT (BUTTE
COUNTY RECORDER SERIAL NUMBER 82-34889,
BOOK 2772, PAGES 521 THROUGH 526) AND
AUTHORIZE THE CHAIR TO SIGN.
2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL
AND DENY THE USE PERMIT, STAFF RECOMMENDS THE
BOARD TAKE THE FOLLOWING ACTION:
A. SUBJECT TO FINDING II (A) AS DETAILED IN
THE STAFF REPORT DATED MAY 30, 2000,
UPHOLD THE APPEAL AND DENY THE USE
PERMIT TO TERMINATE THE CONVEYANCE OF
DEVELOPMENT RIGHTS AND OPEN AREA
EASEMENT OF A HOMESITE SEGREGATION
AGREEMENT.
Page 14 May 30, 2000
Time Item No.
1:30 P.m. 5.04 * Public Hearing - Majorie O'Brien-west - Tentative
Parcel Map and Lot Line Adjustment - consideration
of an appeal of the Development Review Committee's
determination regarding environmental findings on a
Tentative Parcel Map (item on which a negative
declaration with mitigation measures regarding
environmental impacts has been recommended) to
create three parcels (one of 5 acres, one of
25 acres, and one of 30 acres), and a Lot Line
Adjustment enlarging one parcel to 10 acres, on
property zoned AR-5 (Agricultural Residential - 5
acre parcels). The property is located on both
sides of Long Bar Road, approximately / mile east of
Canyon Highlands in Oroville and identified as APN
033-010-053 and 071 (SB [File No. TPM 00-07]) -
action requested - STAFF RECOMMENDS THE BOARD TAKE
THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDING I (A) AS DETAILED IN THE
STAFF REPORT DATED MAY 30, 2000, DENY THE
APPEAL OF THE DEVELOPMENT REVIEW COMMITTEE'S
DETERMINATION REGARDING ENVIRONMENTAL
FINDINGS;
2. SUBJECT TO FINDING II AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, FIND THAT THE LOT
LINE ADJUSTMENT FOR MARJORIE O'BRIEN-WEST IS
EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
SECTION 15305 (CLASS 5);
3. SUBJECT TO FINDINGS III (A AND B), AS DETAILED
IN THE STAFF REPORT DATED MAY 30, 2000, AND
THE CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, APPROVE THE LOT LINE ADJUSTMENT;
4. SUBJECT TO FINDINGS IV (A AND B) AS DETAILED
IN THE STAFF REPORT DATED MAY 30, 2000, ADOPT
A MITIGATED NEGATIVE DECLARATION FOR THE
TENTATIVE PARCEL MAP AND AUTHORIZE THE CHAIR
TO SIGN;
CONTINUED ON PAGE 16
Page 15 May 30, 2000
Time Item No.
1:30 P.m. 5.04 5. FIND THAT THE TENTATIVE PARCEL MAP WILL HAVE
(cont.) AN IMPACT TO FISH AND/OR WILDLIFE HABITAT, AND
DIRECT THE PAYMENT OF DEPARTMENT OF FISH AND
GAME FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5; AND
6. SUBJECT TO FINDINGS VI (A-G) AS DETAILED IN
THE STAFF REPORT DATED MAY 30, 2000, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, APPROVE TENTATIVE PARCEL MAP
00-07.
SHOULD THE BOARD CHOOSE TO APPROVE THE APPEAL, STAFF
RECOMMENDS THE BOARD TAKE THE ACTIONS LISTED ABOVE
WITH THE FOLLOWING AMENDMENTS:
1. APPROVE THE APPEAL AND FIND THE TENTATIVE
PARCEL MAP TO BE "DE MINIMUS"; THAT IT WILL
NOT HAVE AN IMPACT TO FISH AND/OR WILDLIFE;
AND
5. 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 FISH AND GAME FEES.
Page 16 May 30, 2000
Time Item No.
2:00 P.m. 5.05 * Public Hearing - Garry Cooper - Lot Line Adjustment
and Tentative Parcel Map - consideration of an
appeal of the Development Review Committee's
determination regarding a Tentative Parcel Map to
divide a 35 acre parcel into one 10 acre parcel and
one 25 acre parcel (item on which a negative
declaration with mitigation measures regarding
environmental impacts has been recommended) and a
Lot Line Adjustment between APN Olt-760-008 and 011-
280-126. The Lot Line Adjustment will move the
common parcel line 2.25 acres to the south. The
project property is zoned FR-5 (Foothill
Recreational - 5 acre parcels) and located at the
intersection of Rich Bar Road and Merritt Horning
Drive, Centerville, Butte Creek Canyon (SB [File No.
TPM 00-11) - action requested - STAFF RECOMMENDS THE
BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDING I (A) AS DETAILED IN THE
STAFF REPORT DATED MAY 30, 2000, DENY THE
APPEAL;
2. SUBJECT TO FINDING II AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, FIND THE LOT LINE
ADJUSTMENT FOR GARRY COOPER IS EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTION 15305 (CLASS 5);
3. SUBJECT TO FINDINGS III (A AND B) AS DETAILED
IN THE STAFF REPORT DATED MAY 30, 2000, AND
THE CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, APPROVE THE LOT LINE ADJUSTMENT
RESULTING IN A PARCEL SIZE OF 10+ ACRES FOR
APN Olt-760-008, AND 35+/- ACRES FOR APN 011-
280-126;
4. SUBJECT TO FINDINGS IV (A-E) AS DETAILED IN
THE STAFF REPORT DATED MAY 30, 2000, ADOPT A
MITIGATED NEGATIVE DECLARATION FOR THE
TENTATIVE PARCEL MAP AND AUTHORIZE THE CHAIR
TO SIGN;
CONTINUED ON PAGE 18
Page 17 May 30, 2000
Time Item No.
2:00 P.m. 5.05 5. FIND THAT THE TENTATIVE PARCEL MAP WILL HAVE
(cont. ) AN IMPACT TO FISH AND/OR WILDLIFE AND THEIR
HABITAT AND DIRECT THE PAYMENT OF DEPARTMENT
OF FISH AND GAME FEES PURSUANT TO FISH AND
GAME CODE SECTION 711.4(d)(3) AND 14 CCR
753.5; AND
6. SUBJECT TO FINDINGS VI (A-F) AS DETAILED IN
THE STAFF REPORT DATED MAY 30, 2000, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "B" OF THE STAFF REPORT DATED
MAY 30, 2000, APPROVE THE TENTATIVE PARCEL MAP
TO CREATE ONE 10 +/- ACRE PARCEL AND ONE
25 +/- ACRE PARCEL.
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 PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS PURSUANT TO
GOVERNMENT CODE SECTION 54957:
1. Director - Behavioral Health
2. Director - Development Services
3. Director - Libraries
3. Director - Social welfare
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. The Department of Development Services and the
Public Health Department provide notice that
effective June 5, 2000, the divisions of
Building and Environmental Health, located at
411 Main Street, Chico, will be expanding
their counter service hours to include 12:00 -
1:00 p.m., Monday through Friday, in response
to public requests for expanded service hours.
Page 18 May 30, 2000