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HomeMy WebLinkAboutA091200BOARD 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 September 12, 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 - Ron Summers, Grace Community Church, Chico. 3.00 Consent A ecr nda Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF AUGUST 8, 2000. Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET Transfers TRANSFERS B-485 (FISCAL YEAR 1999-2000 FINAL BUDGET TRANSFER); B-026 (DEVELOPMENT SERVICES); AND B-025 (JUVENILE HALL). (All budget transfers listed above require a 4/5 vote.) Donations 3.03 County Library Donations - in accordance with Government Code Section 25355, donations of $2,135 from Chico Friends of the Library, $1000 from Gridley Friends of the Library, and $500 from Paradise Friends of the Library, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Time Item No. 3.04 * Fire Donation - the Butte Creek Canyon Volunteer Fire Company would like to donate to the County a 1991 Kenworth Chassis (Vin. No. 1XKADB9X7MS559791, License No. 1QSP674) valued at $30,000. The chassis, purchased by the volunteer fire company, will be used to replace water Tender 27. At such time as the County wishes to declare the equipment surplus to the needs of the County, ownership shall revert to the Butte Creek Canyon Volunteer Fire Company - action requested - ACCEPT DONATION AS A FIXED ASSET AND AUTHORIZE A LETTER OF APPRECIATION. Appoint- 3.05 Disabled Access Board of Appeals - action ments requested - APPOINT JAY HARRIS, DISABLED MEMBER REPRESENTATIVE, TO A VACATED TERM TO END JANUARY 18, 2001. 3.06 Assessment Appeals Board - action requested - REAPPOINT RICHARD E. VERMILLION, APPRAISER; AND JOHN B. PAYNE, HEARING OFFICER, TO TERMS TO END SEPTEMBER 1, 2003. 3.07 Kimshew Cemetery District - action requested - REAPPOINT ERIC SMITH TO A TERM TO END JULY 1, 2004. 3.08 California State Association of Counties - Excess Insurance Authority - action requested - REAPPOINT STEVE MUSSELMAN, DELEGATE; AND MIKE PYEATT, ALTERNATE DELEGATE, TO TERMS TO END SEPTEMBER 2001. Land Use 3.09 * Sierra Pacific Industries - Rezone - Report to the Board - the Planning Commission has recommended approval of a rezone of multiple parcels from "U" (Unclassified), TM-1 (Timber Mountain - 1 acre parcels), TM-160 (Timber Mountain - 160 acre parcels), TM-20 (Timber Mountain - 20 acre parcels), and S-H (Scenic Highway) to TPZ-160 (Timber Preserve Zone - 160 acre parcels). The rezone includes 28 parcels (totaling approximately 2,271 acres) located from the Cohasset area south to the Feather Falls area - action requested - ACCEPT FOR INFORMATION; AND SET A PUBLIC HEARING FOR THE CONSIDERATION OF THIS MATTER FOR OCTOBER 10, 2000, AT 10:30 A.M. Fixed 3.10 * Surplus Equipment - Mobile Office Trailer - Board Assets and approval is requested by the General Services Facilities Director to declare surplus two 10' x 50' mobile trailer units (License Nos. 307917 and 307974) located at the downtown Oroville court facility. The trailers were acquired by the County in 1972 and are beyond economic repair - action requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. Page 2 September 12, 2000 Time Item No. 3.11 * Surplus Equipment - Vehicles - Board approval is requested by the General Services Director to declare surplus 31 vehicles which various County operating departments have determined are either beyond economic repair, or are no longer needed by the department - action requested - DECLARE VEHICLES SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. 3.12 * Award of Bid No. 06-01 - water Tender - bids have been opened for the build-up of a water tender pursuant to Fire Department specifications, with the low bidder being Dietz Equipment Sales, Proberta, California, in the amount of $31,939.05. Funding for the build-up is available utilizing $5,000 in cost share funds from the Butte Creek Canyon Volunteer Fire Company, and $26,939.05 from the Community Cost Share Trust Fund - action requested - AWARD BID TO DIETZ EQUIPMENT SALES; AND APPROVE BUDGET TRANSFER B-027 (4/5 vote required) TRANSFERRING COST SHARE FUNDING TO THE FIRE DEPARTMENT. Audit and 3.13 * A MATTER ON WHICH A PUBLIC HEARING HAS BEEN Finance HELD AND A MOTION OF INTENT ADOPTED - Butte County Fiscal Year 2000-2001 Final Budget - action requested: 1. ADOPT RESOLUTION APPROVING THE BUTTE COUNTY FISCAL YEAR 2000-2001 FINAL BUDGET AND AUTHORIZE THE CHAIR TO SIGN; AND (Continued on Page 4) Page 3 September 12, 2000 Time Item No. 3.13 2. Introduction of a Salary Ordinance Amendment - (cont.) the Personnel Department has prepared a salary ordinance amendment which incorporates changes associated with the Butte County Final Budget for Fiscal Year 2000-2001 as follows: District Attorney-Criminal - adds one position of Deputy District Attorney IV/III/II/I, one position of Information Systems Analyst I, and one position of Investigative Assistant. Sheriff-Coroner - Services - adds one position of Principal Analyst. Probation - adds one position of Administrative Analyst III/II/I, seven positions of Probation Technician, one position of Accounting Specialist, and one position of Receptionist. Development Services-Planning - adds one position of Office Assistant III/II/I. Behavioral Health- General Services - deletes one position of Psychiatrist; and adds two positions of Supervisor-Mental Health Nurse, one position of Staff Nurse III/II/I, one position of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, and one position of Office Assistant III/II/I. Behavioral Health-Substance Abuse Services - adds two one-half time positions of Mental Health Clinician II/I, two positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, and one position of Medical Records Technician II/I. welfare- Administration - adds one position of Office Assistant III/II/I. welfare-Services - adds one position of Social worker IV. Library - adds one position of Librarian II, and one position of Information Systems Technician I - action requested - WAIVE READING OF THE ORDINANCE. 3.14 * Cash Report - the Auditor-Controller submits a report of cash accounts (shortages/overages) for the period of January 1, 2000, through June 30, 2000, in accordance with Resolution 79-125 and Government Code Section 29380.1 - action requested - ACCEPT FOR INFORMATION. Page 4 September 12, 2000 Time Item No. 3.15 * Butte County Office of Education - Fiscal Year 2000-2001 Tax and Revenue Anticipation Note (TRAM) - the Butte County Office of Education (BCOE) is requesting Board approval, pursuant to Government Code Section 53853, to issue a Tax and Revenue Anticipation Note for fiscal year 2000-2001 to allow various school districts to meet cash flow needs at low revenue points. This is a direct obligation of the BCOE, and the County has no fiscal requirement toward repayment - action requested - ADOPT A RESOLUTION AUTHORIZING ISSUANCE OF A FISCAL YEAR 2000-2001 TAX AND REVENUE ANTICIPATION NOTE FOR THE BUTTE COUNTY OFFICE OF EDUCATION AND AUTHORIZE THE CHAIR TO SIGN. 3.16 * Reissue Time Expired warrant - Board approval is requested by the District Attorney-Family Support Division, on behalf of Wendy Cloyd Lang, to reissue time expired warrant No. 204226, in the amount of $50, dated June 4, 1998. The Auditor-Controller has verified the warrant has not been paid, and a declaration of lost or destroyed warrant has been received - action requested - DIRECT THE AUDITOR- CONTROLLER TO REISSUE TIME EXPIRED WARRANT. Ordinances 3.17 Adoption of a Salary Ordinance Amendment - the and Personnel Department has prepared a salary ordinance Resolutions amendment which creates the classification of File Clerk-Extra Help, with a pay rate of $7.25 per hour - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-22-00 [3.18]) 3.18 Adoption of an Ordinance - Board approval is requested by the Agricultural Commissioner for an ordinance which will impose regulations on incoming shipments of olives, in an effort to protect the local olive industry from Olive Fruit Fly infestation. The ordinance will expire on December 31, 2000, and will be reevaluated for continued need at that time. The olive industry and the Butte County Farm Bureau have recommended this ordinance - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-22-00 [3.19]) 3.19 * Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which flexibly staffs one position of Office Assistant II/I to one position of Office Assistant III/II/I to provide the department with greater staffing choices - action requested - WAIVE READING OF THE ORDINANCE. Page 5 September 12, 2000 Time Item No. 3.20 * Introduction of a Salary Ordinance Amendment - the Treasurer-Tax Collector has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Revenue & Reimbursement Officer II/I, and adds one position of Supervisor-Staff Support Services, in support of the revised Central Collections Division staff organization - WAIVE READING OF THE ORDINANCE. 3.21 * Introduction of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which deletes one Civil Engineering-Supervisor position, and adds one Civil Engineering- Associate/Civil Engineering-Assistant position. The ordinance will correct an error which occurred when the position was filled at the Civil Engineering- Associate/Civil Engineering-Assistant level - action requested - WAIVE READING OF THE ORDINANCE. 3.22 * Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Probation Officer III/II/I. The position will be funded utilizing Local Law Enforcement Block Grant funds - action requested - WAIVE READING OF THE ORDINANCE. 3.23 * Butte County Mentally Ill Offender Crime Reduction Grant (MIOCRG) - Board approval is requested by the Sheriff-Coroner for a resolution in support of the MIOCRG, a non-competitive planning grant in the amount of $31,100. The proposed resolution appoints the Sheriff as the Chair of the MIOCRG Strategy Committee; provides signature authority to the Sheriff for the application for funding, as well as related contracts, amendments, or extensions; defines the MIOCRG Strategy Committee categories; assures the County will adhere to the requirements of the Board of Corrections and all conditions specified in the grant; certifies all final planning products will be submitted by March 1, 2001; and certifies the County will invoice the Board of Corrections for all costs approved in the grant not later than June 30, 2001 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 6 September 12, 2000 Time Item No. Roads 3.24 * Notice of Completion - Construction of Pavement Overlays in the Paradise Pines Area - County Project No. AC-99-2 - all contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. 3.25 * Deadhorse Slough Storm Drain Facilities Construction - County Project No. CDBG-07-2 - Acquisition of Drainage Easement - the design and construction for this project requires the acquisition of a 20-foot wide drainage easement from the property owner of 1377 Humboldt Avenue (APN 004- 347-032). The fair market value determined by the Butte County Assessor's Office for this permanent drainage easement is $2,000 - action requested - APPROVE AGREEMENT FOR ACQUISITION AND AUTHORIZE THE CHAIR TO SIGN; AND ACCEPT GRANT DEED AND AUTHORIZE THE CHAIR TO SIGN CERTIFICATE OF ACCEPTANCE AND CONSENT. 3.26 * Installation of Bus Shelters - the project provides for the placement of prefabricated bus shelters at 15 current Butte County Transit bus stops throughout the County. Funding for the project is available utilizing Proposition 116 funds - action requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. Agreements 3.27 * NorthStar Engineering - Amendment No. 5 - Board and approval is requested by the Administrative Office Grants for an amendment to the agreement with NorthStar Engineering for the provision of Sewer Feasibility Studies and the preparation of information to support the County's State Revolving Fund loan application. The amendment extends the term of the agreement to July 31, 2001, and incorporates a revised hourly rate schedule with a total amount not to exceed $88,790 (CSA 114 budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10804) Page 7 September 12, 2000 Time Item No. 3.28 * Rolls, Anderson & Rolls Engineering - Amendment No. 5 - Board approval is requested by the Administrative Office for an amendment to the agreement with Rolls, Anderson & Rolls for the provision of Sewer Feasibility Studies and the preparation of information to support the County's State Revolving Fund loan application. The amendment extends the term of the agreement to July 31, 2001, and incorporates a revised hourly rate schedule with a total amount not to exceed $82,500 (CSA 114 budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10803) 3.29 * VenuTech Management Group - Board approval is requested by the Administrative Office for an agreement with VenuTech Management Group, for the provision of consulting services to develop a strategic plan to ensure the efficient operation of the Southside Oroville Community Center. The term of the agreement is September 12, 2000, through February 28, 2001, with a maximum amount payable of $40,000 (California Endowment Grant Funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.30 * Blue Shield of California - Healthy Families Program (HFP) - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for a Memorandum of Understanding (MOU) with Blue Shield of California for participation, as a provider, in the Healthy Families Program. The HFP has been designed to provide health insurance benefits to children, and mental health services are to be included in the benefits provided. The proposed MOU has been developed for use in all counties in California and outlines the terms and conditions of reimbursement by Blue Shield for services provided by BCDBH - action requested - APPROVE MOU SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40244) Page 8 September 12, 2000 Time Item No. 3.31 * work Training Center for the Handicapped, Inc. (Do- It-Leisure) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH)for an amendment to the agreement with the work Training Center for the Handicapped, Inc. (Do-It-Leisure) for the provision of a half-day rehabilitative program for clients of BCDBH. The amendment extends the term of agreement through June 30, 2001, and increases the maximum amount payable to $137,297 ($55,271 for fiscal year 1999-2000, and $82,026 for fiscal year 2000-2001 [department budget]) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11487) 3.32 * work Training Center for the Handicapped, Inc. (Do- It-Leisure) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with the work Training Center for the Handicapped, Inc. (Do-It-Leisure) for the provision of a socialization and rehabilitation program for clients of BCDBH. The amendment extends the term of agreement through June 30, 2001, and increases the maximum amount payable to $286,053.93 ($136,679.00 for fiscal year 1999-2000 and $149,374.93 for fiscal year 2000-2001 [department budget]) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11486) 3.33 * Oroville Hospital - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Oroville Hospital for the provision of emergency room services. The amendment extends the term of the agreement through June 30, 2001, and increases the maximum amount payable to $54,000 ($27,000 for fiscal year 1999-2000 and $27,000 for fiscal year 2000-2001 [department budget]) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11611) 3.34 * Chico Creek Care and Rehabilitation - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with Chico Creek Care and Rehabilitation for the provision of two meals per day to patients in the Psychiatric Health Facility. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $44,616 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11744) Page 9 September 12, 2000 Time Item No. 3.35 * Cotton/Beland Associates - Amendment - Board approval is requested by the Development Services Department for an amendment to the agreement with Cotton/Beland Associates for services in support of the environmental review process associated with the Chico Urban Area Nitrate Compliance Plan. The amendment extends the term of the agreement to June 30, 2001, increases the maximum amount payable $16,200 (CSA 114 budget), and adopts a new rate schedule effective July 1, 2000 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11216) 3.36 * Shutt Moen Associates - Amendment - Board approval is requested by the Development Services Department for an amendment to the agreement with Shutt Moen Associates for the preparation of the Comprehensive Land Use Plans (CLUPs) for the County's four public use airports. The amendment will extend the term of the agreement through December 30, 2000, and increases the maximum amount payable $5,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11078) 3.37 * Fouts Springs Youth Facility - Amendment - Board approval is requested by the Probation Department for an amendment to the agreement with Fouts Springs Youth Facility for the completion of Phase II of the Boot Camp Placement Program for juvenile offenders. The amendment extends the term of the agreement through June 30, 2001, and increases the monthly amount payable $80 per ward, effective July 1, 2000 (department budget) - action requested - APPROVE BUDGET TRANSFER B-024 RE-APPROPRIATING $73,965 IN PRIOR YEAR FUNDING INTO THE DEPARTMENT'S FISCAL YEAR 2000-2001 BUDGET; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.38 * University of California, Davis - Amendment - Board approval is requested by the welfare Department for an amendment to the agreement with the University of California, Davis, for the provision of Eligibility Services Training. The amendment increases the number of training days from 17 to 27.5, and increases the maximum amount payable by $28,348 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11708) Page 10 September 12, 2000 Time Item No. Miscel- 3.39 * Butte County Fish and Game Commission - Request for laneous Reinstatement of Butte County's Three Reserve Game wardens - on August 14, 2000, the Butte County Fish and Game Commission voted to request the Board send a letter to the State Department of Fish and Game requesting reinstatement of the County's three reserve game wardens - action requested - APPROVE LETTER OF REQUEST AND AUTHORIZE THE CHAIR TO SIGN. 3.40 * Property Acquisition - the property located at 13898 Highway 99, Chico, has suffered repeated flood damage since 1995. The Federal Emergency Management Agency (FEMA) has approved an acquisition grant in the amount of $152,250. Board approval is requested by the Emergency Services Officer to purchase the property in the amount of $132,000. The remaining $20,000 will be utilized by the County to demolish the existing structure - action requested - APPROVE THE PROPERTY ACQUISITION AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATE OF ACCEPTANCE. 3.41 * Designation of Local Public Entity for Pierce's Disease and its Vectors - Board approval is requested by the Agricultural Commissioner, pursuant to Section 6046 (f) of the California Food and Agriculture Code, to designate the Butte County Department of Agriculture as the local public entity for local assistance regarding Pierce's Disease and its vectors. This designation is a required component for the completion of the Glassy-winged Sharpshooter Contract workplan - action requested - DESIGNATE THE BUTTE COUNTY DEPARTMENT OF AGRICULTURE AS THE LOCAL PUBLIC ENTITY IN BUTTE COUNTY FOR LOCAL ASSISTANCE REGARDING PIERCE'S DISEASE AND ITS VECTORS; AND DESIGNATE THE AGRICULTURAL COMMISSIONER AS THE COUNTY COORDINATOR FOR ALL COUNTY ACTIVITIES. Page 11 September 12, 2000 Time Item No. 4.00 Regular Agenda 4.01 Appointments - Commissions and Committees. * 1. Appointments to committee vacancies. 2. California State Association of Counties - action requested - APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO TERMS TO END SEPTEMBER 2001. 4.02 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) 4.03 * Resolution of Support for the Permanent Conservation of the Thomasson Ranch - consideration of a resolution of support for a conservation easement on the Thomasson Ranch property located north of Chico - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (COUNTY COUNSEL) 4.04 * Award of Bid - Deadhorse Slough Storm Drain Facilities Construction - County Project No. CDBG- 07-2 - consideration of an award of bid (which will be received September 11, 2000) to the lowest responsible bidder for a construction project designed to relieve flooding of the properties along Deadhorse Slough - action requested - AWARD BID TO LOWEST RESPONSIBLE BIDDER; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND SUBJECT TO PROJECT APPROVAL BY THE CALIFORNIA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND RESOURCE AGENCY PERMITTING. (PUBLIC WORKS) Page 12 September 12, 2000 Time Item No. 4.05 * Award of Bid - Palermo Area Drainage Improvements - County Project No. CDBG-97-2 - consideration of an award of bid (which will be received September 11, 2000) to the lowest responsible bidder for a construction project designed to relieve flooding of the properties along a tributary of the Wyman Ravine - action requested - AWARD BID TO LOWEST RESPONSIBLE BIDDER; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND SUBJECT TO PROJECT APPROVAL BY THE CALIFORNIA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND RESOURCE AGENCY PERMITTING. (PUBLIC WORKS) 4.06 * Waste Service Agreements - Alternatives - in August 1999 the Board directed the Public works Department to develop waste service agreements with local waste haulers. Following discussions with haulers, and input from the public, the Public works Department has developed three alternatives with optional conditions for Board consideration - action requested - SELECT ALTERNATIVE AND DESIRED OPTIONAL CONDITIONS, AND DIRECT THE DEPARTMENT OF PUBLIC WORKS TO PROCEED WITH NEGOTIATIONS TO DEVELOP WASTE SERVICE AGREEMENTS BASED ON BOARD DIRECTION. (PUBLIC WORKS) 4.07 Items removed from the Consent Agenda for Board consideration and action. Page 13 September 12, 2000 Time Item No. 5.00 Public Hearincrs and Timed Items 10:30 A.m. 5.01 Public Hearing - County Service Area Charges - Melrose Estates Subdivision - Melrose Avenue, Oroville - Malmar Construction Inc., the developer of the Melrose Estates Subdivision, has requested the formation of a County Service Area (CSA) for street lighting and storm drainage maintenance services for the new road within the subdivision, as required by Condition 16 of the tentative subdivision map. The CSA formation is subject to ballot proceedings and Local Agency Formation Commission proceedings - action requested - OPEN PROTEST HEARING TO ACCEPT PUBLIC COMMENT; CLOSE HEARING; REQUEST BALLOT RESULTS FROM CLERK OF THE BOARD; ACCEPT ALL INFORMATION, NOTING THAT THE PROCEDURE WILL BE FINALIZED AFTER THE LOCAL AGENCY FORMATION COMMISSION HAS MADE RECOMMENDATIONS TO THE BOARD CONCERNING THE FORMATION OF THE COUNTY SERVICE AREA. (FROM 6-27-00 [3.05]) 10:30 A.m. 5.02 * Public Hearing - Annual County Service Area (CSA) Charges - consideration of the adoption of the per parcel service charges for various CSAs for fiscal year 2000-2001 - action requested - OPEN PUBLIC HEARING TO ACCEPT ALL OBJECTIONS OR PROTESTS; CLOSE HEARING; AND ADOPT A RESOLUTION CONFIRMING THE COUNTY SERVICE AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 2000-2001. (FROM 8-22-00 [3.02]) Page 14 September 12, 2000 Time Item No. 10:45 A.m. 5.03 * Public Hearing - Stephen J. Schuster - Consideration of a Late Appeal and an Appeal of Conditions of Approval of a Tentative Subdivision Map to create 22 parcels and a 41.49 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 homeowners' association. The property is zoned R-1 (Residential) and located northeast of, and adjacent to, Oroville-Chico Highway, approximately 1,500 feet southeast 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 FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 12, 2000, AND PURSUANT TO BUTTE COUNTY CODE SECTION 20-66 (d) APPROVE THE LATE APPEAL REQUEST SUBMITTED BY STEPHEN J. SCHUSTER FOR TENTATIVE SUBDIVISION MAP 99-O1; AND 2. APPROVE APPEAL O1-04 SUBMITTED SCHUSTER TO MODIFY CONDITIONS TENTATIVE SUBDIVISION MAP 99-i THE ADDITIONAL LANGUAGE AS EXHIBIT "A" OF THE STAFF SEPTEMBER 12, 2000. BY STEPHEN J. 34 AND 35 OF )l, TO INCLUDE DETAILED IN REPORT DATED 11:15 A.m. 5.04 Continued Timed Item - Consideration of an Appeal - the Service Employees International Union filed a recognition petition and request for modification to the existing General Unit and Management Unit, and for the formation of a new bargaining unit for court employees. The Employee Relations Officer denied the petition, and the Service Employees International Union filed an appeal of that determination pursuant to Personnel Rule 10.9 - action requested - RECONVENE HEARING AND MAKE DETERMINATION. (FROM 7-11-00 [5.04]) Page 15 September 12, 2000 Time Item No. 1:15 P.m. 5.05 * Continued Public Hearing - Blaine Roberts - Rezone - consideration of a rezone (item on which a negative declaration regarding environmental impacts has been recommended) of two parcels of 1.83 acres each, from C-1 (Light Commercial) to C-2 (General Commercial). The property is located northeast of, and adjacent to, Nord Avenue (State Highway 32), approximately 650 feet southeast of west Eighth Avenue, in the Chico area, and identified as APN 043-190-010 and Oll (DB [File No. REZ00-02]) - action requested - STAFF RECOMMENDS THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 12, 2000, ADOPT A NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT AN INITIAL STUDY HAS BEEN CONDUCTED AND A NEGATIVE DECLARATION PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO EVALUATE THE POTENTIAL OF THIS PROJECT TO HAVE AN ADVERSE ENVIRONMENTAL IMPACT AND THAT, WHEN CONSIDERING THE RECORD AS A WHOLE, THERE IS NO EVIDENCE BEFORE THIS BOARD THAT THE PROJECT WILL HAVE POTENTIAL FOR AN ADVERSE EFFECT ON WILDLIFE RESOURCES OR THE HABITAT UPON WHICH THE WILDLIFE DEPENDS, SINCE THE PROPOSED REZONE FROM C-1 TO C-2 WILL NOT SIGNIFICANTLY ALTER PERMITTED LAND USES AND THE PROJECT SITE HAS PREVIOUSLY BEEN SIGNIFICANTLY CHANGED FROM ITS NATURAL CONDITION BY THE FOUR DWELLING UNITS ON THE SITE, AND BY PAST INTENSIVE AGRICULTURAL OPERATIONS ON THE SITE. THEREFORE, A "DE MINIMUS" IMPACT FINDING, REGARDING FISH AND WILDLIFE AND THEIR HABITAT, IS HEREBY MADE. THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(D)(3) AND 14 CCR 753.5. IS NOT REQUIRED; AND 3. SUBJECT TO FINDINGS III (A-K) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 12, 2000, APPROVE REZONE 00-02 FOR BLAINE ROBERTS AND ADOPT AN ORDINANCE REZONING THE PROPERTY IDENTIFIED AS APN 043-190-010 AND 043-190-O11 FROM C-1 TO C-2 , SUBJECT TO THE CONDITIONAL ZONING AGREEMENT IDENTIFIED AS ATTACHMENT "A" OF THE STAFF REPORT DATED SEPTEMBER 12, 2000, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-8-00 [5.02] ) Page 16 September 12, 2000 Time Item No. 1:30 P.m. 5.06 * Public Hearing - Paul Vandegrift - Rezone - consideration of a rezone of an 8.37 acre site within an 80 acre parcel (item on which a negative declaration regarding environmental impacts has been recommended) from TPZ-160 WP (Timber Preserve Zone - 160 acre parcels - watershed Protection Overlay) to TM-20 WP (Timber Mountain - 20 acre parcels - watershed Protection Overlay). A Conditional Zoning Agreement is also proposed. The property is located approximately six miles north of the Town of Paradise, at 15428 Skyway, Magalia, at the terminus of Meadowbrook Ranch Road, which intersects the Skyway 1000 feet south of De Sabla Reservoir (DB [Rez 99-O1]) - action requested - STAFF RECOMMENDS THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 12, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT 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, SINCE THE REZONE TO TM-160 WP WILL NOT SIGNIFICANTLY ALTER PERMITTED LAND USES AND THE PROPOSED USE PERMIT, EFFECTUATED BY THIS REZONE, WILL UTILIZE EXISTING IMPROVEMENTS, AND HAS ALSO BEEN PREVIOUSLY DETERMINED TO HAVE A "DE MINIMUS" IMPACT TO FISH AND/OR WILDLIFE AND THEIR HABITAT; AND 3. SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 12, 2000, AND THE CONDITIONAL ZONING AGREEMENT INCLUDED AS ATTACHMENT "A" TO THE ORDINANCE CONTAINED IN THE STAFF REPORT DATED SEPTEMBER 12, 2000, ADOPT AN ORDINANCE APPROVING THE REZONE, INCLUDING A CONDITIONAL ZONING AGREEMENT, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-25-00 [3.07] ) Page 17 September 12, 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 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) ONE POTENTIAL CASE. 7.02 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-BEHAVIORAL HEALTH. 8.00 Communications 8.01 Communications received and referred. (A LISTING AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD'S OFFICE.) * 1. Gunther L. Sturm, P.E., Valley District Engineer, Drinking Water Field Operations Branch, Department of Health Services, writes to submit the "Local Primacy Agency Annual Evaluation Report" for Butte County for the period of July 1, 1999, through June 30, 2000, pursuant to Health and Safety Code Section 116330(d) (REFERRED TO ENVIRONMENTAL HEALTH [8-25-00] ) 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. Page 18 September 12, 2000