HomeMy WebLinkAboutA061300BOARD 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
June 13, 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 Don North, Trinity Bible Church,
Oroville.
3.00 Consent A ecr nda
Minutes 3.01 * Approval of Minutes - action requested - APPROVE
MINUTES OF MAY 30, 2000.
Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET
Transfers TRANSFERS B-338 (DEVELOPMENT SERVICES [4 /5 vote
required]), AND B-387 (SHERIFF'S OFFICE [4/5 vote
required]).
Donations 3.03 County Library Donations - in accordance with
Government Code Section 25355, donations of $1,665
from Chico Friends of the Library, $1,500 from
Gridley Friends of the Library, and $100 in
anonymous donations have been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS
OF APPRECIATION.
3.04 * Sheriff's Office - Vehicles Donation - the Sheriff's
Office has received a donation of two vehicles (a
1989 Buick Regal and a 1989 Oldsmobile Cutlass)
which will be used by the Sheriff's Team of Active
Retired Seniors (STARS). Board approval is
requested to accept the vehicles as fixed assets -
action requested - ACCEPT DONATIONS AS FIXED ASSETS
FOR THE SHERIFF'S OFFICE.
Time Item No.
3.05 * Probation Donations - in accordance with Government
Code Section 25355, the following donations have
been received by the Probation Department: $900
from Soroptimist International of Chico, Inc, to
support the Peer Court Program; $780 from
Soroptimist International of Chico, Inc, to support
the program with Habitat for Humanity wherein
juvenile offenders on probation perform labor
projects ; and $10 0 from an anonymous donor in memory
of Jackie Faris-Rees. These funds were also
designated to be used by the Peer Court Program -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
Appoint- 3.06 * Butte County Housing Authority Board - action
ments requested - APPOINT BILL CHAPMAN, DISTRICT 1
REPRESENTATIVE, TO A VACATED TERM TO END
JANUARY 8, 2001.
3.07 Butte County Behavioral Health Board - action
requested - APPOINT ROBERT SATO, FAMILY MEMBER, TO
A TERM TO END DECEMBER 31, 2000; APPOINT JENNIFER
LEUBE, CONSUMER MEMBER, TO A VACATED TERM TO END
DECEMBER 31, 2001; AND APPOINT JOHN RUCKER, ADAC/FAS
TASK FORCE REPRESENTATIVE, TO A VACATED TERM TO
EXPIRE DECEMBER 31, 2001.
Land Use 3.08 * Rocky Bluffs Subdivision - Phase 2 - the project
consists of 11 lots located between Skyway and Butte
Creek Canyon on Osprey Circle and the east end of
Eagle Nest Drive. The developer has provided
improvement bonds to guarantee construction of road,
drainage, fire protection, and sewer facilities
within one year - action requested - APPROVE FINAL
MAP; ACCEPT EASEMENTS AS OFFERED IN ITEMS 1 AND 2 OF
THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES
NAMED; AND AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT.
3.09 * James R. Black - General Plan Rezone - Report to the
Board - the Planning Commission has recommended
denial of the General Plan Amendment from Orchard
and Field Crops to Agricultural Residential and a
Rezone from A-10 (Agricultural - 10 acre parcels) to
SR-3 (Suburban Residential - 3 acre parcels) on
property located at the southeast corner of Burdick
Road and Turner Lane, Durham - action requested -
ACCEPT FOR INFORMATION; AND SET PUBLIC HEARING FOR
THIS MATTER FOR JULY 11, 2000, AT 10:45 A.M.
Page 2 June 13, 2000
Time Item No.
Audit 3.10 * Reissue Time Expired warrants - Board approval is
and requested by the Administrative Office, on behalf of
Finance John F. and Christi M. Sterle, to reissue time
expired warrant 1000-056673, in the amount of
$298.50, and warrant 1000-056604, in the amount of
$47.08. Both warrants are dated May 22,1996. The
Auditor-Controller has verified that the warrants
are time expired and have not been reissued and the
original warrants are in the possession of the
County - action requested - DIRECT AUDITOR-
CONTROLLER TO REISSUE TIME EXPIRED WARRANTS.
3.11 * Resolution Establishing Appropriations Limit for
County of Butte for Fiscal Year 2000-2001 and
Resolution Establishing Appropriations Limit for
Special Districts Under Control of the Butte County
Board of Supervisors for Fiscal Year 2000-2001 -
Board approval is requested by the Auditor-
Controller for annual resolutions as required by
Section 7910, Division 9 of the California
Government Code - action requested - ADOPT
RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN.
Ordinances 3.12 Adoption of a Salary Ordinance Amendment - the
and Superior Court of California, County of Butte, has
Resolutions 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 - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-30-00
[3.12] )
3.13 Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 5-30-00 [3.13])
3.14 Adoption 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 - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-30-00
[3.14] )
Page 3 June 13, 2000
Time Item No.
3.15 * 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 increases the salary for
the Court Services Manager classification by 8o to
compensate for increased responsibility assigned to
the position - action requested - WAIVE READING OF
ORDINANCE.
3.16 * 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 implements the clerical
and administrative reorganization in response to
Trial Court realignment, and the development of a
new training and promotional program. The ordinance
combines three Court Services Coordinator II
positions and two Court Services Coordinator I
positions into a flexibly staffed classification of
Court Services Coordinator II/I positions with the
position allocations remaining at five; deletes one
Administrative Analyst I - Courts positions; adds
two Administrative Analyst III/II - Courts
positions; deletes one Paralegal - Courts position;
deletes one Court Clerk III/II/I position and one
half-time Court Clerk III/II/I position; adds four
Court Clerk IV positions; deletes one Office
Assistant II - Courts position, four Court Clerk I
or Office Assistant II/I positions; and adds four
Office Assistant III/II/I - Courts positions -
action requested - WAIVE READING OF THE ORDINANCE.
3.17 * Introduction of an Ordinance - Temporary Emergency
Shelters in the Chico Urban Area - Supervisor Houx
has requested the Administrative Office to prepare
an ordinance which will provide temporary emergency
shelters for the homeless in the unincorporated
areas of Chico. The Chico urban area no longer has
a designated homeless shelter. In January 1999, in
an effort to fill this void, the County and City of
Chico joined together to make qualified facilities,
on an alternating basis, available to the homeless
in the Chico area. This proposed ordinance will
allow for the continuance of this program for a
period of up to five years - action requested -
WAIVE READING OF ORDINANCE.
3.18 Resolution in Recognition of Susan Minasian upon Her
Retirement as Butte County Counsel - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
Page 4 June 13, 2000
Time Item No.
Roads 3.19 * Award of Bid - Reconstruction of Neal Road from 3.0
to 4.7 Miles East of State Route 99 (County Project
No. 46312-92-2) - the project consists of 1.7 miles
of roadway reconstruction on Neal Road from 3.0 to
4.7 miles east of State Route 99 - action
requested - AWARD BID TO LOW BIDDER, JAEGER
CONSTRUCTION INC., IN THE AMOUNT OF $763,047.50, AND
AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS
TO SIGN CONSTRUCTION CONTRACT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND
SUBJECT TO COMPLETION OF THE SB45 FUNDING ALLOCATION
PROCESS FROM CALTRANS AND THE CALIFORNIA
TRANSPORTATION COMMISSION.
Agreements 3.20 * Merced Manor - Amendment - Board approval is
and Grants requested by the Butte County Department of
Behavioral Health for an amendment to the agreement
with Merced Manor for the provision of community
mental health services for chronic mentally
disordered patients. The amendment decreases the
maximum amount payable by $45,158.06 in response to
a reduced utilization of services. The department
wishes to release the unutilized encumbrance for
this fiscal year. The term of the agreement remains
July 1, 1999, through June 30, 2000 - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11352)
3.21 * Select Janitorial Services - Amendment A - Board
approval is requested by the Butte County Department
of Behavioral Health for an amendment to the
agreement with Select Janitorial Services for the
provision of janitorial services to the department's
Chico locations. The amendment provides for the
inclusion of two additional sites. The term remains
April 15, 2000, through June 30, 2001, and increases
the maximum amount payable by $5,800 (department
budget) - action requested - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X11588)
3.22 * California State Department of Alcohol and Drug
Programs - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health
for an amendment to the revenue agreement with the
California State Department of Alcohol and Drug
Programs for the provision of additional funds for
alcohol and drug related programs. The amendment
provides for an additional $275,031 in program
allocation funds. The term of the agreement remains
July 1, 1998, through June 30, 2001 - action
requested - ADOPT RESOLUTION APPROVING AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40074)
Page 5 June 13, 2000
Time Item No.
3.23 * California State Department of Mental Health - Board
approval is requested by the Butte County Department
of Behavioral Health for a performance agreement
with the State of California-Department of Mental
Health for the provision of professional and
inpatient hospital services to persons who are
acutely mentally ill. The agreement requires the
County to establish a community mental health
service which covers the entire area of the County
and to reimburse the State for use of State hospital
beds. The term of the agreement is July 1, 1999,
through June 30, 2000 - action requested - ADOPT
RESOLUTION APPROVING AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
3.24 * Oroville Elementary School District - Board approval
is requested by the Butte County Department of
Behavioral Health for an agreement with the Oroville
Elementary 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 $100,000 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11608)
3.25 * Oroville Hospital - Board approval is requested by
the Butte County Department of Behavioral Health for
an agreement with Oroville Hospital for the
provision of emergency room services. The term of
the agreement is July 1, 1999, through
June 30, 2000, with a maximum amount payable of
$27,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11611)
3.26 * Computer Head Starter Program - Amendment - Board
approval is requested by the Butte County Department
of Behavioral Health (BCDBH) for an amendment to the
agreement with the Computer Head Starter Program for
the provision of training, education, case
management, and skills development services to BCDBH
clients. The amendment extends the term through the
end of the fiscal year, and increases the maximum
amount payable by $12,000 (department budget) -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11512)
Page 6 June 13, 2000
Time Item No.
3.27 * CSE Resources - Amendment - Board approval is
requested by the District Attorney for an amendment
to the agreement with CSE Resources for the
provision of software and support for the Support
Enforcement Tracking System. The amendment extends
the term of the agreement for two months in response
to a delay in the transfer of the department to the
KIDZ computer system. The amendment also increases
the maximum amount payable by $12,781 (department
budget) to allow for continued support - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
THE AUDITOR-CONTROLLER. (Contract No. X10132)
3.28 * Print N Mail, Inc. - Board approval is requested by
the District Attorney-Family Support Division for a
renewal agreement with Print N Mail, Inc., for the
provision of mailing services for monthly Barnes
Notices and billing statements. The term of the
agreement is July 1, 2000, through June 30, 2001,
with a maximum amount payable of $60,000 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11592)
3.29 * A.D.I. Investigative Services - Board approval is
requested by the District Attorney-Family Support
Division for a renewal agreement with A.D.I.
Investigative Services for the provision of legal
process services. The term of the agreement is
July 1, 2000, through June 30, 2001, with a maximum
amount payable of $85,000 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X11403)
3.30 * Valley Toxicology Service, Inc. - Board approval is
requested by the District Attorney for a renewal
agreement with Valley Toxicology Service, Inc., for
the provision of substance analysis and expert court
testimony for the Criminal Division. The term of
the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable of
$62,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11402)
3.31 * Long Beach Genetics - Board approval is requested by
the District Attorney-Family Support Division for a
renewal agreement with Long Beach Genetics for the
provision of paternity testing services. The term
of the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable of
$50,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11251)
Page 7 June 13, 2000
Time Item No.
3.32 * Superior Court of California, County of Butte -
Memorandum of Understanding (MOU) - Amendment -
Board approval is requested by the Probation
Department for an amendment to the MOU with the
Superior Court of California, County of Butte, for
services in support of the Juvenile Drug Court
Program. The amendment provides for an augmentation
of funds in the amount of $46,757 which will be
utilized to reimburse the Probation Department for
Probation Technician services and urinalysis
testing - action requested - APPROVED BUDGET
TRANSFER B-389 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE MOU
AND AUTHORIZE THE CHAIR TO SIGN.
3.33 * California Family Health Council, Inc. - Amendment -
Board approval is requested by the Public Health
Department for an amendment to the revenue agreement
with California Family Health Council, Inc. The
amendment provides for an additional $7,495 in
funding to the Public Health Department for family
planning services. The term of the agreement remains
January 1, 2000, to December 31, 2000 - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40222)
3.34 * Physical and Occupational Therapy Services - Board
approval is requested by the Public Health
Department for agreements with several physical and
occupational therapists for the provision of
services to eligible children under the California
Children's Services program. All agreements are for
the term of July 1, 2000, through June 30, 2001,
with the following maximum amounts payable: Bonnie
Deer - $44,000 (contract no. X11665); Meg Palmer -
$45,000 (contract no. X11667); Terri Johnson -
$70,000 (contract no. X11661); Susan McManus -
$32,000 (contract no. X11666); Diana willow
Dejesus - $44,000 (contract no. X11664); Dianne
Krueger - $25,000 (contract no. X11663); Teresa
wood-Hansen - $54,000 (contract no. X11669); Alice
McCall - $20,000 (contract no. X11662); and Monica
Schwartz - $48,000 (contract no. X11668). This
program is mandated by Health and Safety Code 252
and is funded with 25o realignment funds, 50o State
funds, and 25o County funds (department budget) -
action requested - APPROVE AGREEMENTS AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
Page 8 June 13, 2000
Time Item No.
3.35 * Monica Schwartz - Physical and Occupational Therapy
Services - Amendment - Board approval is requested
by the Public Health Department for an amendment to
the agreement with Monica Schwartz for the provision
of therapy services in support of the California
Children's Services program. The amendment increases
the maximum amount payable by $6,000 (250
realignment/50o State/25o department budget) due to
a increased need for services - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X11459)
3.36 * Parent Education Network - Families in Transition
Team Program - Board approval is requested by the
welfare Department for an agreement with the Parent
Education Network for the provision of in-home
visitation services in support of the Families in
Transition Team Program. The term of the agreement
is July 1, 2000, through June 30, 2002, with a
maximum amount payable per year of $326,000.
Funding for the agreement is available utilizing
funds from several sources such as CalwORKS, Child
welfare, Community Based Family Resource Grant
Services, and Child Abuse Prevention Intervention a
Treatment funds - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11649)
3.37 * Joint Powers Agreement with Northern Rural Training
and Employment Consortium (NoRTEC) - Amendment - the
Board of Supervisors previously approved a Joint
Exercise of Powers Agreement Creating a Northern
Rural Training and Employment Consortium to jointly
implement the provisions of the federal workforce
Investment Act of 1998 with eight northern
California counties, including Butte. An amendment
to the agreement is requested to include Shasta
County as a ninth member of the consortium - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Miscel- 3.38 * National Pollutant Discharge Elimination System
laneous (NPDES) - Phase II - Storm water Regulations - the
Public works Department submits a report regarding
the County's response to NPDES Storm water
Regulations - action requested - ACCEPT FOR
INFORMATION.
Page 9 June 13, 2000
Time Item No.
3.39 * Children's Trust Fund - Board approval is requested
by the welfare Department to appoint the Children's
Services Coordinating Council as the commission
designated to oversee the Children's Trust Fund.
The Social Services Clearinghouse was originally
designated by the Board as the commission to oversee
the trust fund, but the group no longer exists -
action requested - APPOINT THE CHILDREN'S SERVICES
COORDINATING COUNCIL AS THE COMMISSION TO OVERSEE
THE CHILDREN'S TRUST FUND.
3.40 * Center for Natural Lands Management Draft Permit
No. 1693GM - Board approval is requested by the
Butte County Fish and Game Commission, the
Administrative Office, County Counsel, and the
Public works Department, for a letter to the
Reclamation Board withdrawing the County's protest
against the Center for Natural Lands Management
Draft Permit No. 1693GM (Butte Creek upstream from
the Midway Road crossing) project in response to the
revised conditions for the project - action
requested - APPROVE LETTER AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 5-16-00 [3.41])
3.41 * Butte County Integrated watershed and Resource
Conservation Program - consideration of the Butte
County water Commission's recommendation to support
the concept of a Butte County Integrated watershed
and Resource Conservation Program, and to seek
funding under Proposition 13 and the 2000 water
Bond - action requested - ACCEPT THE RECOMMENDATION
OF THE BUTTE COUNTY WATER COMMISSION TO SEEK FUNDING
FOR THE PROGRAMS OUTLINED IN THE BUTTE COUNTY
INTEGRATED WATERSHED AND RESOURCE CONSERVATION
PROGRAM AND AUTHORIZE THE DIRECTOR OF WATER AND
RESOURCE CONSERVATION TO SIGN NECESSARY DOCUMENTS ON
BEHALF OF THE COUNTY. (WATER & RESOURCE
CONSERVATION)
3.42 * Advancement within a Salary Range - the Superior
Court of California, County of Butte, has requested
the Personnel Department prepare an agenda item
which approves the advancement of a Court
Administrator-Family & Children's Division position
to step 5 of the salary range based on education and
experience. The advancement is to become effective
July 3, 2000 - action requested - PURSUANT TO
PERSONNEL RULES SECTION 11.5(b), APPROVE THE
ADVANCEMENT OF A COURT ADMINISTRATOR-FAMILY &
CHILDREN' S DIVISION POSITION TO STEP 5 OF THE SALARY
RANGE EFFECTIVE JULY 3, 2000.
Page 10 June 13, 2000
Time Item No.
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)
4.03 * A Matter on which a Public Hearing Has Been Held and
a Motion of Intent Adopted - Donald M. Senick -
Waiver of Parcel Map and Proposed Negative
Declaration - an appeal of the Development Review
Committee's denial of a waiver of Parcel Map to
create thirteen 40 acre parcels and one 60 acre
parcel from a 580+ acre parcel, on property zoned
A-40 (Agricultural - 40 acre parcels) and located
north of, and adjacent to, Munjar Road,
approximately one mile east of Meridian Road, north
of Chico, and identified as APN 047-200-017 and a
portion of APN 047-200-076 - action requested:
1. SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE
STAFF REPORT DATED JUNE 13, 2000, ADOPT A
MITIGATED NEGATIVE DECLARATION AND AUTHORIZE
THE CHAIR TO SIGN;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLIFE AND THEIR
HABITAT, AS INDICATED IN THE INITIAL STUDY,
PAGE 10, ITEM 4(A-F), AND APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF FISH
AND GAME FEES;
3. SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE
STAFF REPORT DATED JUNE 13, 2000, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT
"A" OF THE STAFF REPORT DATED JUNE 13 , 2 0 0 0 ,
UPHOLD THE APPEAL AND APPROVE WAIVER 00-02 FOR
DONALD M. SENICK; AND
4. WAIVE THE REQUIREMENT FOR A PARCEL MAP AS
REQUIRED UNDER SECTION 20-94 OF THE BUTTE
COUNTY SUBDIVISION ORDINANCE. (FROM 4-25-00
[4.04]) (DEVELOPMENT SERVICES)
Page 11 June 13, 2000
Time Item No.
4.04 * Friends of the Library - Annual Report -
presentation to the Board by representative from the
Friends of the Library groups - action requested -
ACCEPT FOR INFORMATION. (LINDA LEAHY)
4.05 * Comprehensive Economic Development Strategy (CEDS) -
consideration of the annual Comprehensive Economic
Development Strategy projects list as required by
the Economic Development Administration - action
requested - APPROVE THE COMPREHENSIVE ECONOMIC
DEVELOPMENT STRATEGY PRIORITY TECHNICAL ASSISTANCE,
FINANCING AND INFRASTRUCTURE PROJECTS AS SUBMITTED
AND DIRECT STAFF TO FORWARD TO THE TRI-COUNTY
ECONOMIC DEVELOPMENT CORPORATION FOR INCORPORATION
INTO THE CEDS DOCUMENTS. (CHIEF ADMINISTRATIVE
OFFICER)
4.06 * Butte County Radio Communications System - Report to
the Board - update on the County's microwave and
radio communications systems - action requested -
ACCEPT FOR INFORMATION. (DIRECTOR-INFORMATION
SYSTEMS)
4.07 * Introduction of Salary Ordinance Amendments:
A. Board approval is requested by the Personnel
Department for a salary ordinance amendment
which includes adjustments for appointed and
elected department heads with compensation
adjustments, effective July 8, 2000, in
conformance with the compensation program for
appointed and elected department heads. This
ordinance has been modified to include
corrected language with regards to the
effective date of the ordinance. As a result
of this modification, the ordinance must be
reintroduced - action requested - WAIVE READING
OF THE ORDINANCE. (FROM 5-30-00 [3.11]);
AND
CONTINUED ON PAGE 13
Page 12 June 13, 2000
Time Item No.
4.07 * B
(Cont.)
1. Board approval is requested by the
Personnel Director for an ordinance which
incorporates changes associated with the
Butte County Fiscal Year 2000-2001
Proposed Budget that are necessary
to have in place by July 1, 2000
(excluding recommended new positions),
and market rate and cost of living
adjustments pursuant to the County's
Memoranda of Understanding with the
Management, Confidential, and Supervisory
Unit, and the Social Services workers
Unit - action requested - WAIVE READING
OF THE ORDINANCE. (DIRECTOR-PERSONNEL);
OR
2. Alternative Ordinance - Board approval is
requested by the Personnel Director for
an alternate ordinance which incorporates
changes associated with the Butte County
Fiscal Year 2000-2001 Proposed Budget
that are necessary to have in place by
July 1, 2000, (excluding recommended new
positions), and market rate and cost of
living adjustments pursuant to the
County's Memoranda of Understanding with
the Management, Confidential, and
Supervisory Unit, and the Social Services
Workers Unit. Several positions within
the initial proposed salary ordinance
(4.07A) rely on the adoption of the
salary ordinance for Elected and
Appointed Department Heads. Should the
salary ordinance for the Elected and
Appointed Department Heads be delayed,
this ordinance will allow those positions
which do not rely on that ordinance to
move forward. Should the Elected and
Appointed Department Head salary
ordinance be approved on June 27,
2000, this ordinance will be removed from
the agenda prior to approval - action
requested - WAIVE READING OF THE
ORDINANCE. (DIRECTOR-PERSONNEL)
4.08 Items removed from the Consent Agenda for Board
consideration and action.
Page 13 June 13, 2000
Time Item No.
5.00 Public Hearings and Timed Items
10:30 A.m. 5.01 * Timed Item - Transfer of Development Credits
workshop and Overview - presentation and discussion
on Transfer of Development Credits. The information
presented will include an overview of the concept, a
review of select programs in use throughout the
United States, background on two discussion papers,
and summary of workshops held to date - action
requested - PROVIDE DIRECTION ON OPTIONAL TOOLS TO
BE INCLUDED IN THE FINAL FEASIBILITY STUDY REPORT.
11:30 A.m. 5.02 * Continued Timed Item - Consideration of an Appeal -
the Butte County Correctional Officers Association
filed a recognition petition and request for
modification to the existing General Unit, and the
formation of a new bargaining unit(s) for
correctional officers and correctional supervisors.
The Employee Relations Officer denied the petition,
and the Butte County Correctional Officers
Association filed an appeal of that determination
pursuant to Personnel Rule 10.9 - action requested -
RECONVENE HEARING AND MAKE DETERMINATION. (FROM
5-16-00 [5.04])
Page 14 June 13, 2000
Time Item No.
11:45 A.m. 5.03 * Public Hearing - Stephen J. Schuster - Tentative
Subdivision Map - consideration of a late appeal of
condition 20 of approval of a Tentative Subdivision
Map to create 22 parcels and a 41.39 acre remainder
parcel from a 76.36 acre parcel (item on which a
negative declaration with mitigation measures
regarding environmental impacts has been
recommended). The subdivision will be comprised of
nineteen parcels of 3/4 acres in average size, one
parcel of 1.58 acres, one parcel of 2.25 acres, and
one parcel of 16.02 acres, which is to be held in
common by a homeowner's association. The property
is zoned R-1 (Residential) and located northeast of,
and adjacent to, Oroville-Chico Highway,
approximately 1,500 feet southwest of Estates Drive,
in the vicinity of the Butte Creek County Club,
Chico, and identified as APN 040-050-054 and 068 (DB
[TSM 99-O1]) - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. MAKE FINDINGS 1 (A-D) AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000;
2. FIND THAT: 1) THE PROPOSED CHANGE IN CONDITION 20
WOULD ADVERSELY AFFECT OR CAUSE A MODIFICATION OF
THE FINDINGS AND DETERMINATIONS MADE IN THE
ENVIRONMENTAL REVIEW PROCESS; 2) THE PROPOSED CHANGE
IN CONDITION 20 WOULD BRING ABOUT AN INCONSISTENCY
TO THE CIRCULATION ELEMENT OF THE GENERAL PLAN; 3)
THE FACTS PRESENTED DO NOT GIVE GOOD AND SUFFICIENT
REASON WHY THE CONDITION IN QUESTION WAS NOT
APPEALED WITHIN THE TEN-DAY PERIOD; AND 4) THE
SUBDIVISION MAP HAS NOT BEEN RECORDED; AND
3. DENY THE APPEAL TO MODIFY CONDITION 20 OF TENTATIVE
SUBDIVISION MAP 99-O1.
Page 15 June 13, 2000
Time
1:15 P.M.
Item No.
5.04 * Continued Public Hearing - Use Permit Appeal - Ruddy
Creek Partnership - consideration of an appeal of
the Planning Commission's denial of a Use Permit for
a 156 unit mobile home park (item on which a
negative declaration with mitigation measures
regarding environmental impacts has been
recommended) on property zoned A-R (Agricultural-
Residential) and located on the southeast corner of
18th Street and Feather Avenue, Thermalito. The
property is identified as APN 030-360-082 and 083. A
design of 125 units has also been considered
(File #UP98-27 [DD]) - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. GRANT THE APPEAL WHICH REQUESTED APPROVAL OF A
USE PERMIT TO DEVELOP A 23.21 ACRE PROJECT SITE
WITH AN 88 UNIT MOBILE HOME PARK ON 16.41
ACRES, AND A FUTURE FOUR SINGLE FAMILY HOME
AREA ON 6.8 ACRES FOR AN OVERALL PROJECT
DENSITY OF FOUR DWELLING UNITS PER ACRE;
2. SUBJECT TO FINDINGS I A(1-3) AS DETAILED IN THE
STAFF REPORT DATED JUNE 13, 2000, ADOPT A
MITIGATED NEGATIVE DECLARATION AND AUTHORIZE
THE CHAIR TO SIGN;
3. SUBJECT TO FINDING B AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000, 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;
4. SUBJECT TO FINDINGS I C (lA-G) AS DETAILED IN
THE STAFF REPORT DATED JUNE 13, 2000, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT
"A" OF THE STAFF REPORT DATED JUNE 13 , 2 0 0 0 ,
APPROVE USE PERMIT 98-27 FOR RUDDY CREEK
PARTNERSHIP TO PERMIT THE DEVELOPMENT OF THE
23.21 ACRE PROJECT SITE WITH AN 88 UNIT MOBILE
HOME PARK ON 16.41 ACRES, AND A FUTURE FOUR
SINGLE FAMILY HOME AREA ON 6.8 ACRES, FOR AN
OVERALL PROJECT DENSITY OF FOUR DWELLING UNITS
PER ACRE; AND
CONTINUED ON PAGE 17
Page 16
June 13, 2000
Time Item No.
5.04 5. SUBJECT TO FINDINGS I D(1-6) AS DETAILED IN THE
(Cont.) STAFF REPORT DATED JUNE 13, 2000, DETERMINE THE
PROJECT TO BE CONSISTENT WITH THE OROVILLE
MUNICIPAL AIRPORT COMPREHENSIVE LAND USE PLAN.
(FROM 4-25-00 [5.01] )
1:45 P.m. 5.05 * Public Hearing - Application for Certificate of
Merger - K&DR Company - consideration of an appeal
of an application, pursuant to Butte County
Ordinance No. 3273, to merge APN 062-680-027 and
071-450-008; merging two parcels into 1 parcel. The
property is located at the southerly end of Pine
Tree Lane, south of Bald Rock Road, Berry Creek
area - action requested:
1. FIND THAT THE REVIEW OF AN APPLICATION FOR
CERTIFICATE OF MERGER IS LIMITED TO EXISTING
CONDITIONS, NOT BASED ON OTHER POSSIBLE USES OF
THE PROPERTY, WHICH ARE SUBJECT TO SEPARATE
PERMITTING PROCESSES; AND
2. FIND THAT THE CERTIFICATE OF MERGER IS EXEMPT
FROM ENVIRONMENTAL REVIEW AND APPROVE THE
FILING OF THE CERTIFICATE OF MERGER SUBJECT TO
PLACEMENT OF THE FOLLOWING NOTE ON THE
CERTIFICATE, "THE TITLE REPORTS SUBMITTED WITH
THE APPLICATION FOR THIS CERTIFICATE OF MERGER
INDICATED THAT THE PORTION OF THE HEREIN
DESCRIBED PROPERTY LYING WITHIN SECTION 33,
TOWNSHIP 21 NORTH, RANGE 5 EAST (AP 062-680-
02 7) , WAS SERVED BY A ` RIGHT OF WAY FOR ROAD
AND PUBLIC UTILITY PURPOSES OVER A STRIP OF
LAND 60 FEET IN WIDTH' TO BALD ROCK ROAD. SAID
TITLE REPORTS ALSO INDICATED `THE LACK OF A
LEGAL RIGHT OF ACCESS TO AND FROM A PUBLIC
STREET OR HIGHWAY' FOR THE HEREIN DESCRIBED
PROPERTY LYING WITHIN SECTION 4, TOWNSHIP 20
NORTH, RANGE 5 EAST, M.D.B. & M (AP 071-450-
008). NO DETERMINATION HAS BEEN MADE BY THE
COUNTY OF BUTTE REGARDING RIGHTS OF ACCESS, IF
ANY, TO THE MERGED PARCEL DESCRIBED IN THIS
DOCUMENT OR ANY PART THEREOF. APPROVAL AND
RECORDATION OF THIS MERGER DOES NOT CONSTITUTE
SUCH A DETERMINATION."
Page 17 June 13, 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. Noel v. Butte County
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) two potential cases.
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.)
Page 18 June 13, 2000