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HomeMy WebLinkAboutA101000BOARD 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 October 10, 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 - Melvin Pearson, Grace Community Church, Chico. 3.00 Consent A ecr nda Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF SEPTEMBER 12, 2000, AND SEPTEMBER 26, 2000. Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET Transfers TRANSFERS B-052 (BOARD OF SUPERVISORS/ COMMUNICATIONS); AND B-053 (BEHAVIORAL HEALTH). Appoint- 3.03 * Chico Memorial Hall Committee - action requested - ments APPOINT GLEN W. MCCORD, AMERICAN LEGION DELEGATE, TO A VACATED TERM TO END JUNE 30, 2001. Time Item No. Land Use 3.04 * Jones Family Trust - Property Use Agreement - Board approval is requested by the General Services Director for an agreement with the Jones Family Trust for the continued use of a portion of County property (the south end of the proposed parking lot for the Southside Oroville Community Center). An encroachment occurred prior to the County's acquisition of the property that provides a paved driveway and wheelchair ramp for a Jones family member. Under the terms of the current agreement, the Jones family will be permitted continued use of the wheelchair access on the County's property. The term of the agreement is one year, and will be automatically renewed in one year increments until such time as the wheelchair access is no longer needed, or the Jones family no longer owns the property - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Fixed 3.05 * Bambi Bucket - Board approval is requested by the Assets and Fire Department for the purchase of a 108-gallon Facilities water dropping apparatus (Bambi Bucket) from the City of Chico in the amount of $4,129 (Appropriation for Contingency). The bucket will be used in conjunction with the Butte County Sheriff's Office helicopter to respond to local fires. The County will enter into a service agreement with the City of Chico for use of the bucket and helicopter when available. The City of Chico will be billed the standard rate for this service as used by the California Department of Forestry and Fire Protection - action requested - APPROVE BUDGET TRANSFER B-051 (4/5 vote required) FROM THE APPROPRIATION FOR CONTINGENCY FUND; AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 3.06 * Butte County Courthouse Addition - Rotunda Flooring - Board approval is requested by the General Services Director to replace the damaged the in the east and west alcove of the building's rotunda area with carpet. The replacement is being recommended as a solution to the moisture level problem in the concrete, which has required repeated replacement of the in these areas - action requested - APPROVE CARPET REPLACEMENT ALTERNATIVE AND AUTHORIZE THE CHAIR TO SIGN WARRANTY REPLACEMENT AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 2 October 10, 2000 Time Item No. Audit and 3.07 * Victim/witness Program - Board approval is requested Finance by the Probation Department to accept and appropriate $18,089 in unanticipated revenue received from the Office of Criminal Justice Planning Victim/witness grant program - action requested - APPROVE BUDGET TRANSFER B-054 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE. 3.08 * Office of Criminal Justice Planning - Statutory Rape Vertical Prosecution Program - Board approval is requested by the District Attorney to accept $150,000 in grant revenue received from the Office of Criminal Justice Planning for the Statutory Rape Vertical Prosecution Program for the grant period of July 1, 2000, through June 30, 2001 - action requested - ACCEPT GRANT REVENUE. Ordinances 3.09 Adoption of a Salary Ordinance Amendment - the and Public Health Department has requested the Personnel Resolutions Department prepare a salary ordinance amendment which will correct Ordinance 3629, adopted August 22, 2000. The original ordinance flexibly staffed the current allocations for the positions of Staff Nurse II/I or Licensed Vocational Nurse to Staff Nurse III/II/I or Licensed Vocational Nurse. The proposed ordinance will clarify and correct the number of allocations and positions as follows: reclassifies four positions of Staff Nurse II/I or Licensed Vocational Nurse, and two positions of Staff Nurse II/I, to six positions of Staff Nurse III/II/I or Licensed Vocational Nurse - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-26-00 [3.18]) 3.10 Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which will flexibly staff the following Board of Control grant positions to allow the department greater staffing choices: one position of Auditor- Accountant I to one position of Auditor- Accountant II/I or Accounting Specialist, one half- time position of Auditor-Accountant I to one half- time position of Auditor-Accountant II/I or Accounting Specialist, and one position of Legal Secretary I to one position of Legal Secretary I/ Legal Typist Clerk/Office Assistant III - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-26-00 [3.19]) Page 3 October 10, 2000 Time Item No. 3.11 * Introduction of a Salary Ordinance Amendment - the Sheriff's Office has requested the Personnel Department prepare a salary ordinance amendment which adds two term positions of Correctional Officer (terms to end 6-30-O1) to the Jail Division. The positions are being requested to offset two current vacant positions which are being held open pending resolution of litigation - action requested - WAIVE READING OF THE ORDINANCE. 3.12 * Introduction of a Salary Ordinance Amendment - County Counsel has requested the Personnel Department prepare a salary ordinance amendment which would flexibly staff one position of Deputy County Counsel IV to one position of Deputy County Counsel IV/III/II/I. Flexibly staffing the position will provide the department with greater staffing choices - action requested - WAIVE READING OF THE ORDINANCE. 3.13 * Introduction of a Salary Ordinance Amendment - the Administrative Office has requested the Personnel Department prepare a salary ordinance amendment which establishes the salary of the new Director of Behavioral Health (annual salary rate of $93,367) - action requested - WAIVE READING OF THE ORDINANCE. 3.14 * Resolution in Recognition of Farm City Celebration - Board approval is requested by the Agricultural Commissioner for a resolution recognizing the Farm City Celebration, October 26, 2000, to November 18, 2000 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.15 * Resolution Supporting Beale Air Force Base "Global Hawk" Program - Board approval is requested by the Yuba-Sutter Economic Development Corporation for a resolution of support for Beale Air Force Base to become the home of the new Global Hawk aircraft, an unmanned reconnaissance aircraft - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Roads 3.16 * Award of Bid - Installation of Bus Shelters - the project consists of the placing of concrete pads to support prefabricated bus shelters, and the securing of the shelters to the pads - action requested - AWARD BID TO BLAISDELL CONSTRUCTION, INC., OF REDDING, IN THE AMOUNT OF $77,000, AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 4 October 10, 2000 Time Item No. 3.17 * Summary Abandonment of Surplus Right-of-way - Edgewood Drive - Board approval is requested by the Public works Department for a resolution of summary abandonment of an unused right-of-way on Edgewood Drive. The surplus right-of-way is the result of a road realignment project. The utility companies have no objections to the abandonment, but have requested a reservation for power lines crossing the right-of-way. The Public works Department is recommending the abandonment, reserving a public service easement - action requested - ADOPT A RESOLUTION APPROVING THE SUMMARY ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF THE RESOLUTION. 3.18 * Summary Abandonment of Surplus Right-of-way and Sale of Surplus Property - Larkspur Avenue - Board approval is requested by the Pubic works Department for a resolution of summary abandonment of an unused right-of-way on Larkspur Avenue. The Public works Department has determined that public use of the right-of-way is not necessary, and abandonment and sale of the property to the adjoining property owner can proceed - action requested - ADOPT A RESOLUTION APPROVING THE SUMMARY ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN; DIRECT RECORDING OF THE RESOLUTION; AND APPROVE AGREEMENT OF SALE AND QUIT CLAIM DEEDS AND AUTHORIZE THE CHAIR TO SIGN. Agreements 3.19 * California Department of Food and Agriculture - and Amendment - Board approval is requested by the Grants Agricultural Commissioner for an amendment to the revenue agreement with the California Department of Food and Agriculture for the provision of pest trapping services. The amendment provides for the inclusion of an equipment clause to address vehicles used in support of the agreement. All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40088) 3.20 * Mark Lundberg, M.D. - Amendment - Board approval is requested by the Chief Administrative Officer for an amendment to the employment agreement with Mark Lundberg, M.D., for the position of County Health Officer. The amendment provides for Dr. Lundberg's compensation to be adjusted annually in the same manner as elected department heads (970 of the mean salary for the benchmark counties, determined annually) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 5 October 10, 2000 Time Item No. 3.21 * Northern Valley Catholic Social Service - Board approval is requested by the Butte County Department of Behavioral Health for a revenue agreement with Northern Valley Catholic Social Service for the department's participation in the Community Alternatives to Violence-Family Preservation and Support Program. The term of the agreement is October 1, 1999, through September 30, 2002, with a maximum amount payable to the County of $113,580 ($37,860 per fiscal year) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.22 * willow Glen Care Center - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with willow Glen Care Center for the provision of residential care services. The amendment extends the term of the agreement through fiscal year 2000- 2001, and increases the maximum amount payable by $109,120 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.23 * QRP Partners - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with QRP Partners for the facility located at 5910 Clark Road, Suites H and I, Paradise. The facility will be utilized by the Youth Services Day Treatment staff. The term of the agreement is November 1, 2000, through October 31, 2005, with a maximum amount payable of $120,803.04 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.24 * North Valley Schools, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with North Valley Schools, Inc., for the provision of day rehabilitation, counseling, case management, and medication services for referred adults. The amendment extends the term of the agreement through fiscal year 2000-2001, and increases the maximum amount payable by $524,991 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 6 October 10, 2000 Time Item No. 3.25 * Fresh and Clean Janitorial - Board approval is requested by the General Services Director for an agreement with Fresh and Clean Janitorial for the provision of janitorial services to County leased buildings. The term of the agreement is October 1, 2000, through September 30, 2002, with a maximum amount payable of $2,870 per month (Facilities Services budget). The agreement is a result of the competitive bid process - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.26 * California Family Health Council, Inc. - Amendment - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with the California Family Health Council, Inc., for funding to provide family planning services. The amendment provides additional funding in the amount of $27,000, which is to be used for infrastructure improvements and staff training. Board approval is also requested to utilize these funds to purchase two computer file servers in the amount of $4,700 each, computer memory, disk drives, client and server licenses, computer workstations, filing units, and staff training - action requested - APPROVE BUDGET TRANSFER B-055 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 3.27 * California Department of Health Services - Amendment - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with the California Department of Health Services for funds to support immunization services. The amendment increases the amount payable to the County by $2,400 to fund quality assurance review visits to Vaccines For Children (VFC) sites - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.28 * waste Recovery west, Inc. - Board approval is requested by the Public works Department for an agreement with waste Recovery west, Inc., for the transportation and disposal of waste tires collected at the Butte County Tire Amnesty Event to be held November 12, 2000, at the Neal Road Landfill. The agreement has a maximum amount payable of $34,000 (department budget/grant funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 7 October 10, 2000 Time Item No. 3.29 * Butte County Department of Public Health/Butte County Department of Social welfare - Memorandum of Understanding - Board approval is requested by the welfare Department for a Memorandum of Understanding (MOU) with the Public Health Department for the provision of Public Health Nurse case management services in support of the Alternative Response Team. The term of the MOU is October 1, 2000, through June 30, 2002, with a maximum amount payable of $140,000 ($70,000 per fiscal year [department budget]) - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE QUARTERLY TRANSFER OF FUNDS FROM THE WELFARE DEPARTMENT TO THE PUBLIC HEALTH DEPARTMENT. Miscel- 3.30 * Waiver of Fees - Concow Fire Victims - Board laneous approval is requested by the Development Services Department to waive all fees associated with reconstruction activities for damages sustained in the Concow area fire. Board approval is also requested for the development of a procedure which would allow the Chief Administrative Officer to approve a waiver of various filing fees in certain similar situations to avoid delays in reconstruction projects - action requested - PURSUANT TO BUTTE COUNTY CODE SECTION 3-40.5, FIND THE WAIVER OF FEES IS IN THE PUBLIC INTEREST, AND WAIVE ALL FEES FOR RECONSTRUCTION ACTIVITIES RELATED TO DAMAGES FROM THE CONCOW FIRE; AND DIRECT STAFF TO DEVELOP A PROCEDURE WHEREBY THE CHIEF ADMINISTRATIVE OFFICER CAN APPROVE THE WAIVER OF VARIOUS FILING FEES IN CERTAIN SITUATIONS. 3.31 Interim Director of Personnel - Board approval is requested by the Chief Administrative Officer to appoint Jeanne Gravette, current Assistant Director of Personnel, as interim Director of Personnel, for the term of October 30, 2000, through February 28, 2001, at the biweekly pay rate of $3,100.15 ($80,604 annually) - action requested - APPOINT JEANNE GRAVETTE INTERIM DIRECTOR OF PERSONNEL. 3.32 * Report to the Board - Skyway Safety Improvements - the Director of Public works submits a status report on the Skyway safety improvements between Paradise and Chico - action requested - ACCEPT FOR INFORMATION. Page 8 October 10, 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 Report to the Board - Review of an Existence of a Local Emergency - Concow Area Fire - review of the existence of a local emergency - action requested: 1. CONFIRM NEED FOR A CONTINUED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY; OR 2. ADOPT A RESOLUTION OF TERMINATION OF A LOCAL EMERGENCY AND AUTHORIZE THE CHAIR TO SIGN. (EMERGENCY SERVICES OFFICER) 4.04 * Resolution of Appreciation to Firefighters and Citizens - consideration of a resolution of appreciation to the firefighters and citizens who assisted in the recent Concow fire - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE LETTERS OF APPRECIATION FROM THE BOARD TO THE FIREFIGHTERS WHO WERE INJURED DURING THE COURSE OF THE FIRE. (FIRE WARDEN) 4.05 Report to the Board - Feather River Project, Lake Oroville Area - Relicensing - presentation to the Board by staff from the California Department of water Resources regarding current compliance issues, and relicensing activities for future recreational development of the Feather River Project, Lake Oroville Area - action requested - ACCEPT FOR INFORMATION. (WARD TABOR, CALIFORNIA DEPARTMENT OF WATER RESOURCES) Page 9 October 10, 2000 Time Item No. 4.06 Board Meeting Calendar: 1. Joint Meeting with the Airport Land Use Commission, the City of Oroville, the City of Chico, the Town of Paradise, and the County of Butte - consideration of a request by the Airport Land Use Commission to attend a joint meeting to discuss the final draft Comprehensive Land Use Plan - action requested - SET A SPECIAL JOINT MEETING OF THE BOARD FOR THURSDAY, OCTOBER 19, 2000, AT 6:00 P.M. THE MEETING IS TO BE HELD AT THE CHICO AREA RECREATION DISTRICT COMMUNITY RECREATION CENTER, GENERAL PURPOSE ROOM, 545 VALLOMBROSA AVENUE, CHICO. (DEVELOPMENT SERVICES DIRECTOR) 2. November and December Board Meeting Dates - action requested - CANCEL BOARD MEETING OF NOVEMBER 28, 2000, AND RESCHEDULE THE DECEMBER 2000 MEETING DATES TO DECEMBER 5 AND 19. (FROM 9-26-00 [DISCUSSION]) (CHIEF ADMINISTRATIVE OFFICER) 4.07 Items removed from the Consent Agenda for Board consideration and action. 5.00 Public Hearincrs and Timed Items 10:30 A.m. 5.01 * Public Hearing - Butte County Code Chapter 33, Groundwater Conservation - consideration of an amendment to Butte County Code Chapter 33, Section 33.3-Groundwater Planning Process. The proposed ordinance would extend the date for submission of the annual report regarding the status of the groundwater resources within the Butte Basin from January 15 of each year, to February 21 of each year. The reports are designed to guide groundwater planning within the County - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. Page 10 October 10, 2000 Time Item No. 10:30 A.m. 5.02 * Public Hearing - Sierra Pacific Industries/Sierra Pacific Holding Company - Rezone - consideration of a rezone of multiple parcels (item determined to be a statutory exemption from environmental review) 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 Stirling City area south to the Feather Falls area - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. FIND THAT THE REZONE TO TPZ-160 IS STATUTORILY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15264. SECTION 15264 STATES THAT LOCAL AGENCIES ARE EXEMPT FROM THE REQUIREMENT OF PREPARING AN ENVIRONMENTAL IMPACT REPORT OR NEGATIVE DECLARATION ON THE ADOPTION OF TIMBERLAND PRESERVE ZONES UNDER GOVERNMENT CODE SECTION 51100 ET SEQ.; AND 2. SUBJECT TO FINDINGS II (A-D) AS DETAILED IN THE STAFF REPORT DATED OCTOBER 10, 2000, ADOPT AN ORDINANCE APPROVING REZONE 00-03 FOR SIERRA PACIFIC INDUSTRIES/SIERRA PACIFIC HOLDING COMPANY, FOR THE ASSESSOR PARCEL NUMBERS DETAILED IN THE STAFF REPORT DATED OCTOBER 10, 2000, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-12-00 [3.09]) 10:45 A.m. 5.03 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(s) 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 9-12-00 [5.04]) Page 11 October 10, 2000 Time 11:15 A.M. Item No. 5.04 * Continued Public Hearing - Chander Sidher - Use Permit - consideration of an appeal of the Planning Commission's approval of a Use Permit to allow for the construction and operation of a 3,300 square foot convenience store, with two fuel islands including three gas pumps each, and a 980 square foot carwash (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) on a 1.70 acre parcel zoned M-2 (Heavy Industrial). The property is designated as Industrial by the General Plan. water supply is proposed by an on-site well. Sewer services are proposed by an on-site septic system. The carwash will utilize a recirculating water system. On-site retention of drainage and storm water is also proposed. Proposed store hours are 5:00 a.m. to 12:00 a.m. The property is located on the southwest corner of State Highway 99 and west Liberty Road, opposite of Hollis Lane, south of the City of Gridley, and identified as APN 021-170-052 (DB [File No. UP-00-10]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I (A-F) AS DETAILED IN THE STAFF REPORT DATED OCTOBER 10, 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 OR THEIR HABITAT, AS THE PROPERTY IS LOCATED WITHIN AN INDUSTRIAL AREA AND HAS BEEN HIGHLY DISTURBED BY PREVIOUS INDUSTRIAL ACTIVITY. THE PROPERTY SUPPORTS NO WILDLIFE HABITAT, THEREFORE, A "DE MINIMUS" IMPACT FINDING REGARDING FISH AND/OR WILDLIFE IS HEREBY MADE, AND 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(1-8) AS DETAILED IN THE STAFF REPORT DATED OCTOBER 10, 2000, DENY THE APPEAL AND APPROVE USE PERMIT 00-10 FOR CHANDER SIDHER, SUBJECT TO THE CONDITIONS OF APPROVAL AS DETAILED IN "EXHIBIT A" OF THE STAFF REPORT DATED OCTOBER 10, 2000, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-22-00 [5.01] ) Page 12 October 10, 2000 Time Item No. 1:00 P.m. 5.05 * Public Hearing - Cary Gunn - Use Permit/Mining Permit and Reclamation Plan - consideration of an appeal of a Use Permit and Mining Permit/Reclamation Plan (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to operate a surface aggregate mine. The proposed mine operation involves the extraction and processing of alluvial gravel from the 42-acre mine site in a series of 5 phases, with an average size of 8.4 acres each. The mine will be operated intermittently. Mining will occur on an upland terrace of Dry Creek. Production will equal approximately 50,000 to 250,000 tons per year, with a total estimated production of 650,000 tons of material. The mined material will be processed by a portable rock crusher and screen into various products. The processed material will be hauled off-site, via Wheelock Road. Each phase will be mined-out in approximately 6 months to 2 years, with the conclusion of all mining occurring in 2 to 8 years after permit approval. The expected termination day of the mine is November 2008. A Reclamation Plan has been submitted in accordance with the State Surface Mining and Reclamation Act. After final mining is completed, and the plan grade for each phase is achieved, the site shall be reclaimed to a condition that will allow for grazing uses. The final reclaimed condition of the mine site will result in a vegetated depression of 8 feet, with a gradual slope from the perimeter of the mined area, contoured to match the surrounding terrain. The proposed 42-acre mine site is located within a 536-acre parcel of the Lucky 7 Ranch, and lies on the south terrace of Dry Creek, west of and adjacent to Wheelock Road approximately one-third mile north of the intersection of Wheelock Road and State Highway 70 in the Pentz area, and identified as APN 041-120-115 (DB [File # MIN 98-02]) - action requested - STAFF RECOMMENDS THE BOARD CONTINUE THE HEARING TO PROVIDE TIME FOR THE COMPLETION OF A NOISE STUDY. 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.) Page 13 October 10, 2000 Time Item No. 7.00 7.01 Closed Session SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. 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 14 October 10, 2000