HomeMy WebLinkAboutA082801BOARD 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
August 28, 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 - Alex Groh, Representative, Baha'i world
Faith, Paradise.
3.00 Consent A ecr nda
Budget 3.01 * Budget Transfers - action requested - APPROVE
Transfers BUDGET TRANSFER B-524 (FISCAL YEAR 2000-2001 FINAL
BUDGET TRANSFER [4 /5 vote required]).
Minutes 3.02 * Approval of Minutes - action requested - APPROVE
MINUTES OF AUGUST 10, 2001.
Setting of 3.03 * County Service Area Charges - in order to levy
Public service charges in the various County Service Areas,
Hearings it is necessary to accomplish several prerequisite
steps - action requested - DIRECT THAT A REPORT OF
SERVICE CHARGES BE PREPARED IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 25210.77a, AND FILED WITH
THE CLERK OF THE BOARD; DIRECT A PUBLIC HEARING BE
SET FOR SEPTEMBER 25, 2001, AT 10:30 A.M.; AND
DIRECT PUBLIC NOTICE OF THE HEARING BE GIVEN IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 6066.
Appoint- 3.04 Paradise Memorial Hall Committee - action
ments requested - APPOINT WALTER KOERNER, CALIFORNIA
VETERANS SQUARE DANCE ASSOCIATION REPRESENTATIVE, TO
A VACATED TERM TO END JUNE 30, 2002.
Time Item No.
3.05 Chico Memorial Hall Committee - action requested -
APPOINT CHUCK WITTEN, VETERANS OF FOREIGN WARS
REPRESENTATIVE; RAY NORBY, VETERANS OF FOREIGN WARS
ALTERNATE; NORMAN COLE, VETERANS OF FOREIGN WARS
ALTERNATE; GLENN MCCORD, AMERICAN LEGION
REPRESENTATIVE; V.H. "VARY" VARTABEDIAN, AMERICAN
LEGION ALTERNATE; JACK KOHLBUSH, DAV REPRESENTATIVE;
KEN MANTLE, DAV ALTERNATE; AND JAMES GARD, SEA
CADETS REPRESENTATIVE. ALL APPOINTMENTS ARE TO
TERMS TO END JUNE 30, 2002.
Land Use 3.06 * Moak Subdivision - Final Map - Moak Subdivision,
APN 058-520-040, divides a 24.9 acre parcel into two
parcels, one 20.9 acre parcel and one 4 acre parcel.
The subdivision is located on the south side of Big
Bend Road, across from Bardess Bar Road, on the
north side of Tobin Court south of Jarbo Gap -
action requested - APPROVE FINAL MAP; ACCEPT THE 30
FOOT RIGHT-OF-WAY FOR FIRE DEPARTMENT ACCESS TO
WATER STORAGE FACILITIES AS OFFERED FOR DEDICATION
IN THE OWNER'S STATEMENT. NOTE THAT ROAD AND
DRAINAGE IMPROVEMENTS ARE NOT REQUIRED FOR THIS
SUBDIVISION, THEREFORE, A SUBDIVISION AGREEMENT IS
NOT NEEDED.
3.07 * Request to Cross "1 Foot No Access Strip" on Crane
Avenue - Board approval is requested by the Public
works Department, on behalf of Frieda E. Hart
Martin, for permission to have two parcels cross a
"1 foot no access strip" at the west end of Crane
Avenue, as shown on Phase III, Copely Acres
Subdivision Map, Unit Number Three, as recorded in
Book 122 of Maps, pages 27 and 28. The request is
made so that potential buyers can construct homes on
the parcels - action requested - AUTHORIZE THE
CROSSING OF THE "1 FOOT NO ACCESS STRIP" AS SHOWN ON
SAID MAP, TO ALLOW FOR THE CONSTRUCTION OF ONE
SINGLE FAMILY DWELLING AND APPURTENANT STRUCTURES ON
EACH PARCEL (APNS 036-800-078 AND 076).
3.08 * Soper-wheeler Land Exchange - consideration of a
letter of support for the proposed exchange of 2,152
acres of land from private ownership in Butte County
to the United States Forest Service - action
requested - APPROVE A LETTER SUPPORTING THE PROPOSED
EXCHANGE OF LANDS BETWEEN THE SOPER-WHEELER COMPANY
AND THE UNITED STATES FOREST SERVICE AND AUTHORIZE
THE CHAIR TO SIGN.
Page 2 August 28, 2001
Time Item No.
Audit and 3.09 * Adoption of Tax Rates - State law requires the Board
Finance adopt various ad valorem tax rates prior to
September 1 of each year. Board approval is
requested by the Auditor-Controller for a resolution
which will fix these rates for the County for fiscal
year 2001-2002 - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.10 * Monthly Investment Report - the Treasurer-Tax
Collector submits the July 31, 2001, report in
accordance with the Butte County Statement of
Investment Policy dated July 1, 2001 - action
requested - ACCEPT FOR INFORMATION.
3.11 * California Department of Health Services - Fiscal
Year 2001-2002 Rural Health Services Program Funds -
Board approval is requested by the Director of
Public Health for a declaration of intent not to
apply for the fiscal year 2001-2002 Rural Health
Services Program funds. Legislation currently
exists which permits the State to administer the
Hospital Services, Physician Services, and
Children's Treatment Program allocations for
counties. The State's administration relieves the
counties of several requirements to document and
report expenditures and program activities - action
requested - APPROVE THE DECLARATION OF INTENT NOT TO
APPLY FOR THE FISCAL YEAR 2001-2002 RURAL HEALTH
SERVICES PROGRAM FUNDS AND AUTHORIZE THE CHAIR TO
SIGN.
3.12 * Resolution Establishing welfare and Institutions
Code 873 as the Approved Operational Procedure Code
for the Recreation, Education, and Special Project
Fund for the Butte County Juvenile Hall - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
3.13 * Butte County Fiscal Year 2001-2002 Final Budget -
action requested - ADOPT RESOLUTION APPROVING FISCAL
YEAR 2001-2002 FINAL BUDGET AND AUTHORIZE THE CHAIR
TO SIGN.
Page 3 August 28, 2001
Time Item No.
Fixed 3.14 * Sheriff's Office - Patrol Boat Upgrades - Board
Assets and approval is requested by the Sheriff's Office to
Facilities modify/upgrade a patrol boat and trailer being
purchased with California Department of Boating and
waterways grant funds. In July 2000 the Sheriff's
Office was awarded a grant in the amount of $45,000
for the purchase of a boat and trailer. The County
went out to bid on the equipment and received a bid
of $36,364. The Sheriff's Office is requesting
Board approval to utilize the remaining $8,636 to
modify/upgrade the new boat being constructed -
action requested - AUTHORIZE AN AMENDMENT TO
PURCHASE ORDER NUMBER 1113, APPROVING THE PURCHASE
OF ADDITIONAL EQUIPMENT AND/OR UPGRADES FOR THE
PATROL BOAT AS DESCRIBED IN DEPARTMENTAL PURCHASE
REQUISITION NUMBER 07; AND APPROVE BUDGET TRANSFER
B-030 (4/5 vote required) ACCEPTING AND
APPROPRIATING $8,636 IN UNANTICIPATED REVENUE TO THE
SHERIFF'S OFFICE SPECIAL ENFORCEMENT BUDGET UNIT.
Ordinances 3.15 Adoption of a Salary Ordinance Amendment - the
and Department of Employment and Social Services has
Resolutions requested the Department of Human Resources prepare
a salary ordinance amendment which corrects the
effective date of the salary change and
reclassification for the positions of Supervisor-
Public Guardian/Public Administrator and Deputy
Public Guardian/Public Administrator I, retroactive
to July 1, 2000. The reclassification and salary
rate change ordinance was approved by the Board on
June 26, 2001, but it did not contain the
retroactive date - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
8-14-O1 [3.18] )
3.16 Adoption of a Salary Ordinance Amendment - the
Department of Employment and Social Services has
requested the Department of Human Resources prepare
a salary ordinance amendment which transfers two
flexibly staffed positions of Social worker III/II
from the CalwORKs budget unit (570-006) to the
Social Services budget unit (570-004) - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 8-14-O1 [3.19])
Page 4 August 28, 2001
Time Item No.
3.17 Adoption of a Salary Ordinance Amendment - the
Probation Department has requested the Department of
Human Resources prepare a salary ordinance amendment
which deletes one flexibly staffed position of
Information Systems Technician III/II/I, and adds
one flexibly staffed position of Information Systems
Analyst II/I or Information Systems Technician III,
retroactive to July 7, 2001, as the result of a
reclassification study - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
8-14-O1 [3.20] )
3.18 * Introduction of a Salary Ordinance Amendment - the
Facilities Services Division has requested the
Department of Human Resources prepare a salary
ordinance amendment which deletes two positions of
Building Crafts worker III and one position of
Lead - Building Crafts worker, and adds two flexibly
staffed positions of Lead - Building Crafts worker
or Building Crafts worker III, and one flexibly
staffed position of Building Crafts worker III/II/I.
The proposed ordinance will provide the department
with greater flexibility in recruiting, staffing and
departmental organization without additional staff -
action requested - WAIVE READING OF THE ORDINANCE.
3.19 * Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Department of
Human Resources prepare a salary ordinance amendment
which deletes one position of Investigative
Assistant. On May 8, 2001, the Board adopted an
ordinance adding the position of Supervisor-Clerical
Support Services to the Bad Check Unit of the
Criminal Division, with the provision that when the
position was filled, the Investigative Assistant
position would be deleted. This ordinance completes
that action - action requested - WAIVE READING OF
THE ORDINANCE.
3.20 * Introduction of a Salary Ordinance Amendment - the
Department of water and Resource Conservation has
requested the Department of Human Resources prepare
a salary ordinance amendment which deletes one
position of Administrative Analyst III/II/I, and
adds one position of Manager-Program and Resource
Development in response to a classification study -
action requested - WAIVE READING OF THE ORDINANCE.
Page 5 August 28, 2001
Time Item No.
3.21 * Introduction of a Salary Ordinance Amendment - the
Library has requested the Department of Human
Resources prepare a salary ordinance amendment which
adds one half-time position of Library Assistant II,
and one three-quarter time position of Library
Assistant III. Both positions have a sunset date of
June 30, 2002. The positions will be funded with
grant funds received from the California State
Library and the Butte County Children and Families
Commission. The grants will renew each year, and
the Library will extend the sunset dates based on
the continued funding - action requested - WAIVE
READING OF THE ORDINANCE.
3.22 * Introduction of a Salary Ordinance Amendment - the
Department of Human Resources has prepared a salary
ordinance amendment which corrects salary range
errors contained in the Salary Plan for Classified
Positions, Reference G, Professional Employees' Unit
Classification as follows: Public Health
Microbiologist (Step 1 $21.49 - Step 5 $26.12);
Public Health Nurse I (Step 1 $17.60 - Step 5
$21.39); Public Health Nurse II (Step 1 $19.45 -
Step 5 $23.64); and Public Health Nurse III (Step 1
$21.49 - Step 5 $26.12). The corrections are
retroactive to July 1, 2001, the effective date of
the adopted Butte County Fiscal Year 2001-2002
Proposed Budget - action requested - WAIVE READING
OF THE ORDINANCE.
3.23 * Introduction of a Salary Ordinance Amendment - the
Department of Human Resources has prepared a salary
ordinance amendment which incorporates adjustments
included in the Butte County Fiscal Year 2001-2002
Final Budget as follows: Administrative - adds one
flexibly staffed position of Office Assistant
III/II/I; District Attorney-Criminal - adds one
flexibly staffed position of Information Systems
Technician II/I; Probation - adds two flexibly
staffed positions of Probation Officer III/II/I;
Development Services - adds one flexibly staffed
position of Information Systems Technician III/II/I
Public works-General Administration - adds one
flexibly staffed position of Information Systems
Technician III/II/I; Public works-Construction and
Maintenance - adds one position of Associate
Engineer, one flexibly staffed position of
Engineering Technician III/II/I, and one position of
Engineering Technician II; Public Health-General
Services - adds one flexibly staffed position of
Medical Records Technician II/I, one half-time
flexibly staffed position of Health Education
Specialist II/I, and one flexibly staffed position
of Information Systems Analyst III/II/I;
(Continued on Page 7)
Page 6 August 28, 2001
Time Item No.
3.23 Behavioral Health-General Services - adds one
(Cont.) position of Supervisor-Billing, one flexibly staffed
position of Mental Health Clinician II/I, three and
one-half flexibly staffed positions of Senior Mental
Health Counselor/Mental Health Counselor/Mental
Health worker, and one position of Psychiatric
Technician; Behavioral Health-Drug Treatment - adds
one position of Supervisor-Mental Health Clinician,
two flexibly staffed positions of Senior Mental
Health Counselor/Mental Health Counselor/Mental
Health worker, and one flexibly staffed position of
Mental Health Clinician II/I; Child Support
Services - adds five flexibly staffed positions of
Family Support Case Manager III/II/I, four flexibly
staffed positions of Accounting Specialist/Senior
Account Clerk/Account Clerk, and two flexibly
staffed positions of Office Assistant III/II/I;
welfare-Administration is re-titled to Employment
and Social Services-Administration, adds two
positions of Information Systems Analyst II, and two
positions of Social Services Aide; Welfare-
Eligibility is re-titled to Employment and Social
Services-Eligibility, and adds two flexibly staffed
positions of Eligibility Technician II/I; Welfare-
Services is re-titled to Employment and Social
Services-Services, and adds one flexibly staffed
position of Social worker IV/III, and one flexibly
staffed position of Social worker III/II; Welfare-
CalWORKs is re-titled to Employment and Social
Services-CalWORKs, deletes six term positions of
Employment Case Manager II, and adds six positions
of Employment Case Manager II; welfare-Public
Guardian is re-titled to Employment and Social
Services-Public Guardian; Administrative-Facilities
Services adds one position of Senior Account Clerk
and one position of Grounds Maintenance worker I.
The salary ordinance also provides for the position
name changes resulting from the name change of the
Department of Employment and Social Services -
action requested - WAIVE READING OF THE ORDINANCE.
Roads 3.24 * Reconstruction of Humboldt Road from Dead Horse
Slough to El Monte Avenue - County Project No.
55281-2000-1 - the project consists of a total of
0.23 miles of roadway reconstruction from Dead Horse
Slough to El Monte Avenue. Bids were received on
August 13, 2001, with the low bidder being Robert R.
Preacher, Inc., in the amount $161,771. It is
anticipated that 1000 of the construction costs will
be reimbursable through the State Transportation
Improvement Program - action requested - AWARD BID
AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC
WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Page 7 August 28, 2001
Time Item No.
Agreements 3.25 * NorthStar Engineering - Amendment - Board approval
and is requested by the Administrative Office for an
Grants amendment to the agreement with NorthStar
Engineering for the provision of a sewer feasibility
study for the areas north of Lindo Channel in
support of the Chico Urban Area Nitrate Compliance
Plan. The amendment extends the term of the
agreement to July 31, 2002, to allow for continued
work in support of the County's State Revolving Fund
loan application, and provides for the inclusion of
the firm's revised hourly rate schedule. The
maximum amount payable for the agreement ($88,790)
remains the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10804)
3.26 * Rolls, Anderson & Rolls Civil Engineering -
Amendment - Board approval is requested by the
Administrative Office for an amendment to the
agreement with Rolls, Anderson & Rolls Civil
Engineering for the provision of a sewer feasibility
study for the areas south of Lindo Channel in
support of the Chico Urban Area Nitrate Compliance
Plan. The amendment extends the term of the
agreement to July 31, 2002, to allow for continued
work in support of the County's State Revolving Fund
loan application, and provides for the inclusion of
the firm's revised hourly rate schedule. The
maximum amount payable for the agreement ($82,500)
remains the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10803)
3.27 * Cotton/Bridges Associates - Amendment - Board
approval is requested by the Administrative Office
for an amendment to the agreement with
Cotton/Bridges Associates for the provision of
environmental planning services in support of the
Chico Urban Area Nitrate Compliance Plan's
Environmental Review process. The amendment extends
the term of the agreement to October 31, 2001, to
provide additional time to complete the necessary
environmental documents. The maximum amount
payable, and all other terms and provisions remain
the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. 11216)
Page 8 August 28, 2001
Time Item No.
3.28 * Northern California EMS, Inc. - Amendment - Board
approval is requested by the Public Health
Department for an amendment to the agreement with
Northern California EMS, Inc., to serve as the
"Local EMS Agency". The amendment revises the
maximum amounts payable as follows: fiscal year
2001-2002 - $36,534; fiscal year 2002-2003 -
$38,361; and fiscal year 2003-2004 - $40,270. Funds
for the agreement are provided by fees collected
under the SB12/612 EMS Fund. The amendment also
provides that following fiscal year 2001-2002, the
fees listed above will be adjusted to reflect the
change of the Consumer Price Index for the prior
calendar year - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13172)
3.29 * California Department of Health Services - Local
Tobacco Law Enforcement Grant Program - Board
approval is requested by the Public Health
Department and the District Attorney for a
resolution establishing the Butte County Tobacco
Enforcement Program as a requirement of the
California Department of Health Services-Tobacco
Control Section's grant program. The resolution
provides authority to the Public Health Department
and the Butte County District Attorney to administer
and enforce tobacco control laws, pursuant to the
Statement of Understanding signed by both
departments - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.30 * Employment Development Department - Board approval
is requested by the Treasurer-Tax Collector for an
agreement with the Employment Development Department
for assistance in the collection of restitution,
fines, penalties, delinquent unsecured tax
assessments and fees as a result of a violation of
law. The term of the agreement is July 1, 2001,
through June 30, 2004, with a maximum amount payable
of $1,000 per fiscal year (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X13078)
Miscel- 3.31 * Request to Decommission Sheriff's Canine - on
laneous July 14, 1998, the Board adopted a German Shepard
named Illo as a canine officer for the Butte County
Sheriff's Office. Illo was the canine partner of
Deputy William Hunter, and Board approval is
requested to decommission Illo and authorize that he
be given to the family of Deputy Hunter - action
requested - DECOMMISSION ILLO AND AUTHORIZE THE
CANINE BE GIVEN TO THE FAMILY OF DEPUTY WILLIAM
HUNTER.
Page 9 August 28, 2001
Time Item No.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
2. Private Industry Council - consideration of
the appointment of the labor organization
representative - action requested - APPOINT
EARL BAKER, JR., LABOR ORGANIZATION
REPRESENTATIVE, TO A TERM TO END JUNE 2004.
(FROM 7-24-O1 [4.01(2)]) (COUNTY COUNSEL)
4.02 Update on legislative and budget activities.
(CHIEF ADMINISTRATIVE OFFICER)
4.03 * Comprehensive Economic Development Strategy (CEDS) -
consideration of the annual Comprehensive Economic
Development Strategy list of projects eligible to
apply for assistance under the Economic Development
Administration's public works and economic
assistance programs - action requested - REVIEW,
AMEND AS NECESSARY, AND APPROVE THE COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY PRIORITY TECHNICAL
ASSISTANCE, FINANCING AND INFRASTRUCTURE PROJECTS
AND DIRECT STAFF TO FORWARD TO THE TRI-COUNTY
ECONOMIC DEVELOPMENT CORPORATION FOR INCLUSION INTO
THE CEDS DOCUMENT. (CHIEF ADMINISTRATIVE OFFICER)
4.04 * Adoption of an Ordinance - Ordinance Adding Chapter
47, Entitled "Video Customer Service Regulations" to
the Butte County Code - Board approval is requested
by the Administrative Office for an ordinance which
would establish Video Customer Service Regulations
for cable television franchises - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 8-14-O1 [3.21]) (CHIEF ADMINISTRATIVE OFFICER)
4.05 Adoption of an Ordinance - Supervisorial
Redistricting - adoption of an ordinance introduced
August 14, 2001, amending Article IV of Chapter 2 of
the Butte County Code redistricting the
supervisorial districts in the County of Butte -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-14-O1 [5.01])
Page 10 August 28, 2001
Time Item No.
4.06 * Federal Forest Payments to Butte County -
determination of the method to receive Federal
Forest Payments, including selecting the percentage
to be received, and a determination of the
percentage to be allocated to Title III projects -
action requested - ELECT TO RECEIVE THE FULL PAYMENT
AMOUNT, ELECT 20o AS THE PERCENTAGE OF FUNDS TO BE
RECEIVED, ELECT TO ALLOCATE 1000 OF FUNDS TO TITLE
III PROJECTS, AND AUTHORIZE THE CHAIR TO SIGN A
LETTER NOTIFYING THE GOVERNOR OF THE ELECTED
OPTIONS. (CHIEF ADMINISTRATIVE OFFICER/FIRE
DEPARTMENT)
4.07 * Research and Business Park - Report to the Board -
presentation of a report on the process of
implementing the Research and Business Park General
Plan designation - action requested - PROVIDE BOARD
DIRECTION TO STAFF CONCERNING THE DESIRED COURSE OF
ACTION, AND WHETHER STAFF SHOULD INITIATE COUNTY
ACTION IN SUPPORT OF A GENERAL PLAN AMENDMENT AND
REZONE. (DEVELOPMENT SERVICES)
4.08 Items removed from the Consent Agenda for Board
consideration and action.
5.00 Public Hearincrs and Timed Items
10:15 A.m. 5.01 * Public Hearing - John and Sharon Byrne - Tentative
Parcel Map - consideration of an appeal of the
Development Review Committee's denial of a Tentative
Parcel Map proposing four 1 +/- acre parcels and a
5.35 +/- acre remainder from an existing 9.41 +/-
acre parcel (this is a project on which notice of
intent to adopt a negative declaration with
mitigation measures regarding environmental impacts
has been given). water supply will be provided by
the California water Company or domestic wells.
Sewer will be provided by individual septic systems.
Access to the parcels will be provided by Rocking H
Circle and an additional easement connecting onto
Eaton Road. The property is zoned SR (Suburban
Residential) and is located at the southwest corner
of Eaton Road and Godman Avenue in the Chico area,
and identified as APN 007-260-081 and 082 (File No.
TSM O1-03 [DB]) - action requested - STAFF
RECOMMENDS THE BOARD OPEN THE PUBLIC HEARING AND
CONTINUE THE HEARING OPEN TO SEPTEMBER 25, 2001, AT
10:35 A.M.
Page 11 August 28, 2001
Time Item No.
10:30 A.m. 5.02 * Continued Public Hearing - Butte County Department
of Development Services - Rezone - consideration of
a rezone to conform the zoning of the subject
property to the General Plan, rezoning from A-5
(Agricultural - 5 acre parcels) and A-R
(Agricultural Residential) to C-2 (General
Commercial) three parcels totaling 4.9 acres that
are developed with a 10 unit motel on 2.95 acres, a
home on 1 acre, and three homes on 0.95 acres (this
is a project on which notice of intent to adopt a
negative declaration with mitigation measures
regarding environmental impacts has been given).
The property is located south of, and adjacent to,
State Route 32, approximately 1/4 mile southeast of
Muir Avenue, at 3207 State Route 32, Chico, and
identified as APN 042-100-002, 003, and 004 (File
No. REZ O1-02 [CD]) - action requested - THE
PLANNING COMMISSION RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE
STAFF REPORT DATED AUGUST 28, 2001, APPROVE A
MITIGATED 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
753.5, 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; AND
(Continued on Page 13)
Page 12 August 28, 2001
Time Item No.
5.02 3. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN
(Cont.) THE STAFF REPORT DATED AUGUST 28, 2001, ADOPT
THREE ORDINANCES REZONING APN 042-100-002,
OWNED BY JOHN HOFFMAN AND TERRI LYNN
EGGLESTON, FROM A-R (AGRICULTURAL RESIDENTIAL)
CONTAINING 0.95 ACRES MORE OR LESS, AND
APN 042-100-003, OWNED BY ELMER L. AND DORIS
L. CRAWFORD, TRUSTEES, FROM A-5 (AGRICULTURAL-
5 ACRE PARCELS) CONTAINING 1.0 ACRE MORE OR
LESS, AND APN 042-100-004, OWNED BY THE ESTATE
OF LOTFALLAH HALIMI, FROM A-5 (AGRICULTURAL-5
ACRE PARCELS) CONTAINING 2.95 ACRES MORE OR
LESS, TO C-2 (GENERAL COMMERCIAL) TO CONFORM
TO THE GENERAL PLAN, WITH EACH RESPECTIVE
CONDITIONAL ZONING AGREEMENT ATTACHED TO ITS
RESPECTIVE ZONING ORDINANCE IDENTIFIED AS
EXHIBIT "A" OF THE ORDINANCES INCLUDED IN THE
STAFF REPORT DATED AUGUST 28, 2001, AND
AUTHORIZE THE CHAIR TO SIGN.
10:45 A.m. 5.03 * Continued Public Hearing - Kimberly Jensen -
Rezone - consideration of a rezone from FR-40
(Foothill Recreational - 40 acre parcels) to FR-20
(Foothill Recreational - 20 acre parcels) on a
209 +/- acre parcel (this is a project on which a
notice of intent to adopt a negative declaration
with mitigation measures regarding environmental
impacts has been given). The property is designated
Agricultural Residential 1 to 40 by the General
Plan. The property is located approximately 1 mile
south of the Town of Paradise, and 1/4 mile east of
the Paradise Skypark Airport. The property is
situated at the bottom of Clear Creek Canyon, with
Clear Creek bisecting the property, and identified
as APN 041-080-049 (File No. REZ Ol-Ol [CD]) -
action requested - THE PLANNING COMMISSION
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE
STAFF REPORT DATED AUGUST 28, 2001, APPROVE A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS;
(Continued on Page 14)
Page 13 August 28, 2001
Time Item No.
5.03 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
(Cont.) 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. 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; AND
3. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN
THE STAFF REPORT DATED AUGUST 28, 2001, ADOPT
AN ORDINANCE REZONING THE 209 ACRE PARCEL FROM
FR-40 (FOOTHILL RECREATIONAL-40 ACRE PARCELS)
TO FR-20 (FOOTHILL RECREATIONAL-20 ACRE
PARCELS) THE PROPERTY OWNED BY KIMBERLY JENSEN
AND RICK E. SCOTT (JOINT TENANTS) ON APN 041-
080-049, SUBJECT TO THE CONDITIONAL ZONING
AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS
EXHIBIT "A" INCLUDED IN THE STAFF REPORT DATED
AUGUST 28, 2001, AND AUTHORIZE THE CHAIR TO
SIGN.
11:00 A.m. 5.04 * Timed Item - Development Services Department -
Report to the Board - presentation of a report
prepared by Tom Buford, Interim Director-Development
Services, setting forth observations and
recommendations regarding the overall organization
of County land development services, and specific
suggestions regarding operational issues in the
department - action requested - ACCEPT REPORT;
DISCUSS RECOMMENDATIONS; AND TAKE ACTIONS DEEMED
PROPER BASED ON THE REPORT'S RECOMMENDATIONS.
Page 14 August 28, 2001
Time Item No.
1:00 P.m. 5.05 * Paradise Rod and Gun Club - Use Permit -
consideration of an appeal of the Planning
Commission's approval of a Conditional Use Permit to
develop a private outdoor shooting range for pistol,
rifle, and shotgun shooting on a 40 acre parcel
zoned "U" (Unclassified) and S-H (Scenic Highway)
and designated Grazing and Open Land by the Butte
County General Plan (this is a project on which
notice of intent to adopt a mitigated negative
declaration regarding environmental impacts has been
given). The rifle and pistol range will provide 10
shooting positions each, and the trap range will
provide 5 shooting positions. Targets will be
provided at 25, 50, 75, 100, 150, and 200 meters.
A trap house will be developed for the trap range.
The rifle range will be developed with shooting
platforms that restrict shooting activity to the
target area. Target areas will be improved with
bunkers to intercept fired rounds. All improvements
at the range will be developed in accordance with
the National Rifle Association's standards and
recommendations. All shooting activity will be
controlled by a range safety officer. Typical
activities at the range will include trap, rifle and
pistol shooting, junior training clinics, California
State hunter safety clinics, "zeroing" day, and law
enforcement officer practice, training and
certification (proposed for 1 day per month) Daily
hours are proposed to be from 9:00 a.m. to sunset.
The range will not be open to the general public.
The shooting range facility will also include an
archery range, dry cast fly fishing area, picnic
area, 15 parking stalls, and portable restrooms.
Access will be provided by an existing private
driveway, which connects the property to the Skyway.
The property is located approximately 2.8 miles
southwest of the Town of Paradise, and southeast of,
and adjacent to the Skyway, approximately 2.2 miles
northeast of Rocky Bluffs Drive, northeast of, and
adjacent to the Tuscan Ridge Golf Course
development, and identified as APN 041-080-049 (File
No. UP O1-14 [DB]) - action requested - SHOULD THE
BOARD CHOOSE TO DENY THE APPEAL AND APPROVE THIS
PROJECT, STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE
STAFF REPORT DATED AUGUST 28, 2001, ADOPT A
MITIGATED NEGATIVE DECLARATION;
(Continued on Page 16)
Page 15 August 28, 2001
Time Item No.
5.05 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
(Cont.) IMPROVEMENTS WILL CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND/OR WILDLIFE AND THEIR HABITAT AND
REQUIRE THE COLLECTION OF FEES PURSUANT TO
FISH AND GAME CODE SECTION 711.4(d)(3) AND 14
CCR 753.5; AND
SUBJECT TO FINDINGS III(A-C) AS DETAILED IN
THE STAFF REPORT DATED AUGUST 28, 2001, DENY
APPEAL O1-11 AND APPROVE USE PERMIT O1-14,
SUBJECT TO THE CONDITIONS FOUND IN THE USE
PERMIT INCLUDED IN THE STAFF REPORT DATED
AUGUST 28, 2001, AND AUTHORIZE THE CHAIR TO
SIGN.
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. LaRoe Moak Trust v. County of Butte
2. Butte County Superior Court Case No. 124994
7.02 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).
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 16 August 28, 2001