HomeMy WebLinkAboutA102400BOARD 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 24, 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 - Reverend Norm Gardner, The Rock
Fellowship, Paradise.
3.00 Consent A ecr nda
Minutes 3.01 * Approval of Minutes - action requested - APPROVE
MINUTES OF OCTOBER 10, 2000.
Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET
Transfers TRANSFERS B-065 (SHERIFF'S OFFICE); AND B-066
(SHERIFF'S OFFICE). (Budget transfers listed above
require a 4/5 vote.)
Donations 3.03 County Library Donations - in accordance with
Government Code Section 25355, donations of $2,325
from Chico Friends of the Library, $650 from
Paradise Friends of the Library, $500 from the
Fraternal Order of Eagles Aerie 196, $200 from
Stephanie Blackman of Magalia, and $100 from Jean
Hare of Oroville, 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.
Setting of 3.04 * County Service Area No. 173 (Melrose Estates) -
Public pursuant to Government Code Section 25210.10
Hearings et seq., Board approval is requested for a
resolution of intention to establish County Service
Area (CSA) No. 173 (Melrose Estates), and to set a
public hearing for consideration of the matter for
December 5, 2000, at 11:15 a.m. The CSA is being
formed to provide maintenance of storm drain
facilities and street lighting for the Melrose
Estates subdivision. The Local Agency Formation
Commission approved formation of the CSA on
September 7, 2000 - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND
DIRECT NOTICE OF THE HEARING BE GIVEN PURSUANT TO
GOVERNMENT CODE 25210.16. (FROM 6-27-00 [3.05])
Fixed 3.05 * State of California-Department of Boating and
Assets and waterways - Board approval is requested by the
Facilities Sheriff's Office for an equipment and operation
agreement with the State of California-Department of
Boating and waterways. The agreement will provide
funding in the amount of $45,000 (1000 State) to
purchase a new patrol boat and trailer. All
maintenance for the patrol boat and trailer will be
provided by current grant funding - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
SHERIFF-CORONER TO SIGN; APPROVE BUDGET TRANSFER
B-067 (4/5 vote required) ACCEPTING AND
APPROPRIATING AGREEMENT REVENUE; AND AUTHORIZE
PURCHASE OF A FIXED ASSET ITEM.
3.06 * Relief of Accountability - welfare Department -
Board approval is requested by the welfare
Department for relief of accountability for
miscellaneous computer equipment deemed obsolete or
no longer needed by the department, and surplused in
1999 - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
Audit and 3.07 * Monthly Investment Report - the Treasurer-Tax
Finance Collector submits the September 29, 2000, report in
accordance with the Butte County Statement of
Investment Policy dated July 1, 2000 - action
requested - ACCEPT FOR INFORMATION.
3.08 * Fiscal Year 2000-2001 Transit/Transportation
Claims - pursuant to the Transportation and
Development Act, the Public works Department has
prepared claims for SB620 funds for public
transportation projects, and SB325 funds for public
transportation and streets and roads projects -
action requested - APPROVE CLAIMS AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN.
Page 2 October 24, 2000
Time Item No.
Ordinances 3.09 Adoption of a Salary Ordinance Amendment - the
and Sheriff's Office has requested the Personnel
Resolutions 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
vacant positions which are being held open pending
resolution of litigation - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
10-10-00 [3.11] )
3.10 Adoption 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 - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 10-10-00 [3.12])
3.11 Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 10-10-00 [3.13)
3.12 * Introduction of a Salary Ordinance Amendment - the
Superior Court of California, County of Butte, has
requested the Personnel Department prepare a salary
ordinance amendment which will correct the exclusion
of the Court Services Manager position from the cost
of living increases provided to members of the
Management, Confidential, and Supervisory Unit on
July 8, 2000 - action requested - WAIVE READING OF
THE ORDINANCE.
3.13 * Introduction of a Salary Ordinance Amendment - the
Probation Department-Juvenile Hall Division has
requested the Personnel Department prepare a salary
ordinance amendment which will add one half-time
term position of Senior Cook (term to end 2-10-O1)
to fill a vacancy caused by disability leave -
action requested - WAIVE READING OF THE ORDINANCE.
Page 3 October 24, 2000
Time Item No.
3.14 * Introduction of a Salary Ordinance Amendment - the
District Attorney's Office has requested the
Personnel Department prepare a salary ordinance
amendment which will eliminate the term designation
of one half-time position of Legal Typist
Clerk/Office Assistant III/II/I. The term
designation is being eliminated in response to the
enhanced public defender services agreement approved
by the Board on September 26, 2000 - action
requested - WAIVE READING OF THE ORDINANCE.
3.15 * Introduction of a Salary Ordinance Amendment - the
Development Services Department has requested the
Personnel Department prepare a salary ordinance
amendment which will: 1) delete the classification
of Plan Application Assistant; 2) create the
classifications of Plan Application Assistant I and
Plan Application Assistant II; 3) delete three
current Plan Application Assistant/Office Assistant
III positions; and 4) add three positions of Plan
Application Assistant II/I. Flexibly staffing the
positions, and reclassifying the current positions
to the flexibly staffed positions will provide the
department with greater staffing choices - action
requested - WAIVE READING OF THE ORDINANCE.
3.16 * Resolution Honoring Valley Oak Children's Services
on Their 20th Anniversary - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Roads 3.17 * Storm Damage Repair on Forbestown Road at 0.38 Miles
Northwest of Robinson Mill Road - County Project
No. 27581-2-99-1 - Contract Change Order (CCO)
No. 1 - CCO No. 1, in the increased amount of
$37,762.50, provides for the additional work
necessary during construction due to underground
springs and unsuitable material in the roadway
subgrade - action requested - APPROVE CONTRACT
CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
Agreements 3.18 * Celeste Jones - Board approval is requested by the
and Butte County Department of Behavioral Health (BCDBH)
Grants for an agreement with Celeste Jones for the
provision of domestic violence prevention training,
consultation, and support services to BCDBH CalWORKs
clients. The term of the agreement is
September 1, 2000, through June 30, 2001, with a
maximum amount payable of $26,000 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11795)
Page 4 October 24, 2000
Time Item No.
3.19 * Samuel A. Brown, M.D. - Amendment - Board approval
is requested by the Butte County Department of
Behavioral Health (BCDBH) for an amendment to the
agreement with Samuel A. Brown, M.D., for the
provision of psychiatric services to BCDBH clients.
The amendment increases the number of hours to be
worked per week from 8 to 16, and increases the
maximum amount payable by $32,000 (department
budget). The term remains March 1, 2000, through
June 30, 2001 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11615)
3.20 * Carolyn A. Cameron, MFCC - Amendment - Board
approval is requested by the Butte County Department
of Behavioral Health (BCDBH) for an amendment to the
agreement with Carolyn A. Cameron, MFCC, for the
provision of specialty mental health services to
BCDBH Medi-Cal clients. The amendment provides for
the inclusion of necessary language regarding
compliance with Title XIX of the Social Security
Act. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11082)
3.21 * Hala Saleem, M.D. - Amendment - Board approval is
requested by the Butte County Department of
Behavioral Health (BCDBH) for an amendment to the
agreement with Hala Saleem, M.D., for the provision
of psychiatric services to BCDBH clients. The
amendment extends the term of the agreement through
fiscal year 2000-2001, and increases the maximum
amount payable by $85,000 (department budget) -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11558)
3.22 * Enloe Medical Center - Facility Designation
Agreement - Board approval is requested by the Butte
County Department of Behavioral Health for an
agreement with Enloe Medical Center which will
designate their facility as a Landerman-Petris-Short
(LPS) Act Evaluation and Treatment Facility. This
designation will allow Enloe Medical Center to
provide involuntary detention of mentally disordered
patients for evaluation and treatment, and intensive
treatment of mentally disordered patients. The term
of the agreement is one year, and will be
automatically renewed in one year increments unless
terminated by either party. There is no
compensation associated with the agreement - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
Page 5 October 24, 2000
Time Item No.
3.23 * State of California-Department of Alcohol and Drug
Programs - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health
(BCDBH) for an amendment to the revenue agreement
with the State of California-Department of Alcohol
and Drug Programs for the Drug Court Partnership
Project. The amendment provides for a 12-month
extension of the prior grant award period, and
allows the department to carry forward unspent funds
from the fiscal year 1999-2000 award. All other
terms and conditions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND ADOPT A RESOLUTION AUTHORIZING THE
CHAIR TO SIGN AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN.
3.24 * Gene Desautels, D.O./Urgent Medical Clinic - Board
approval is requested by the Butte County Department
of Behavioral Health for an agreement with Gene
Desautels, D.O., Medical Director of Urgent Medical
Clinic, for the provision of "history and physical"
examinations for clients of the Butte County
Psychiatric Health Facility. The term of the
agreement is July 1, 2000, through June 30, 2001,
with a maximum amount payable of $91,800 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.25 * State Department of Mental Health - Board approval
is requested by the Butte County Department of
Behavioral Health for a revenue agreement with the
State Department of Mental Health for the provision
of mental health services to Medi-Cal beneficiaries.
The term of the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable to the
County of $1,503,437. The agreement amount includes
an additional $38,864 in program funding not
included in the department's budget, and Board
approval is also requested to accept and appropriate
the unanticipated funds - action requested - ADOPT
A RESOLUTION APPROVING AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-068
(4 /5 vote required) ACCEPTING AND APPROPRIATING
ADDITIONAL PROGRAM FUNDING. (Contract No. R40254)
Page 6 October 24, 2000
Time Item No.
3.26 * BHC Heritage Oaks Hospital and Sierra Vista
Hospital, Inc. - Board approval is requested by the
Butte County Department of Behavioral Health (BCDBH)
for an agreement with BHC Heritage Oaks Hospital and
Sierra Vista Hospital, Inc., for the provision of
inpatient hospitalization for adolescent Medi-Cal
patients of BCDBH. The term of the agreement is
July 1, 1999, through June 30, 2001. Funding for
services is available through Medi-Cal Inpatient
Consolidation Funding. Claims for services are
submitted to, and paid for by, the State - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11789)
3.27 * Victor Treatment Center, Inc. - Amendment - Board
approval is requested by the Butte County Department
of Behavioral Health for an amendment to the
agreement with Victor Treatment Center, Inc., for
the provision of Therapeutic Behavioral Services
(TBS) The amendment extends the term of the
agreement through fiscal year 2000-2001, and
increases the maximum amount payable by $25,000
(department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11551)
3.28 * Frank Thatcher Associates, Inc. - Board approval is
requested by the Information Systems Department -
Communications Division, for an agreement with Frank
Thatcher Associates, Inc., for the provision of a
strategic plan to upgrade the County's failing radio
network. The term of the agreement is
October 24, 2000, through the end of the project,
with a maximum amount payable of $116,600
(department budget). The agreement is the result of
a Request for Proposal, and is the recommendation of
the proposal evaluation team - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11805)
3.29 * State of California-Department of Transportation -
Board approval is requested by the Information
Systems Department-Communications Division, for a
revenue agreement with the State of California-
Department of Transportation (CALTRANS) for the
provision of vault space, antenna space, and power
for CALTRANS radio equipment at the County's Platte
Mountain site. The term of the agreement is
July 1, 2000, through June 30, 2005, with a maximum
amount payable to the County of $350 per year -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. R40266)
Page 7 October 24, 2000
Time Item No.
3.30 * Butte County Office of Education - Board approval is
requested by the Probation Department for a revenue
agreement with the Butte County Office of Education
for the provision of a Probation Officer assigned to
the North County Community School, and the School of
Applied Resources (SOAR) program. The term of the
agreement is July 1, 2000, through June 30, 2001,
with a maximum amount payable to the County of
$30,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40268)
3.31 * Home Health Care Management, Inc. - Board approval
is requested by the Public Health Department for an
agreement with Home Health Care Management, Inc.,
for the provision of case management, education, and
nursing services to selected high-risk clients. The
term of the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable of
$75,150 (1000 State) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.32 * ATC/Vancom, Inc. - Butte County Transit -
Amendment - Board approval is requested by the
Public works Department for an amendment to the
agreement with ATC/Vancom, Inc., for the management
and operation of Butte County Transit. The
amendment will require the contractor to provide
coverage for physical damages less than $5,000 per
occurrence, at the rate of $0.30 per vehicle service
hour. The term of the contract remains
July 1, 2000, through June 30, 2001 - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10940)
3.33 * ATC/Vancom, Inc. - Oroville Area Transit -
Amendment - Board approval is requested by the
Public works Department for an amendment to the
agreement with ATC/Vancom, Inc., for the management
and operation of Oroville Area Transit. The
amendment will require the contractor to provide
coverage for physical damages less than $5,000 per
occurrence, at the rate of $0.30 per vehicle service
hour. The term of the contract remains
July 1, 2000, through June 30, 2001 - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10939)
Page 8 October 24, 2000
Time Item No.
3.34 * ATC/Vancom, Inc. - Oroville Express - Amendment -
Board approval is requested by the Public works
Department for an amendment to the agreement with
ATC/Vancom, Inc., for transportation services in the
Oroville urban area for the mobility impaired
(Oroville Express). The amendment will require the
contractor to provide coverage for physical damages
less than $5,000 per occurrence, at the rate of
$0.30 per vehicle service hour. The term of the
contract remains July 1, 2000, through
June 30, 2001 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10940)
3.35 * Kennedy/Jenks Consultants - Amendment - Board
approval is requested by the Public works Department
for an amendment to the agreement with Kennedy/Jenks
Consultants for the provision of a Professional
Environmental Services Corrective Action workplan
for the Neal Road Landfill. The amendment provides
for additional work needed to respond to requests
received in August from the Regional water Quality
Control Board. The amendment increases the maximum
amount payable by $31,300 (Neal Road Sanitary
Landfill Management Fund) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.36 * State of California - Department of water
Resources - Amendment - Board approval is requested
by the Department of water and Resource Conservation
for an amendment to the agreement with the State of
California-Department of water Resources (DwR) for
participation in the entitlement reduction program.
The County approved this agreement on
August 8, 2000, however, the DwR has since amended
the agreement to remove references to the Monterey
Agreement in response to a recent action by the
Third District Court of Appeals. All other
provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Page 9 October 24, 2000
Time Item No.
Miscel- 3.37 * Advance Step Hire - the District Attorney-Family
laneous Support Division has requested the Personnel
Department prepare an agenda item requesting
appointment of a District Attorney Investigator II
position to step 4 of the salary range based on
education and experience - action requested -
APPROVE THE ADVANCE STEP HIRE OF A DISTRICT ATTORNEY
INVESTIGATOR II POSITION TO STEP 4 OF THE SALARY
RANGE.
3.38 * Certification of Statement of Votes Cast - the
County Clerk-Recorder-Registrar of Voters submits
the Certification of Statement of Votes Cast for the
special school bond election held on
September 26, 2000, in the Palermo Union School
District - action requested - ACCEPT AND APPROVE
CERTIFICATION.
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 * Tri-County Economic Development Corporation - Report
to the Board - update on the progress of current
projects within Butte County, and discussion of
potential or future development projects and/or
other economic development issues of concern -
action requested - ACCEPT FOR INFORMATION; AND
PROVIDE DIRECTION AS APPROPRIATE. (CHIEF
ADMINISTRATIVE OFFICE AND TRI-COUNTY ECONOMIC
DEVELOPMENT CORPORATION)
Page 10 October 24, 2000
Time Item No.
4.04 * Research and Business Park General Plan Land Use
Designation - Report to the Board - Site Designation
Criteria - consideration of recommendations for
refining the site designation criteria adopted as
part of the Research and Business Park General Plan
Land Use Designation of the Butte County General
Plan Land Use Element - action requested - PROVIDE
DIRECTION TO STAFF RELATIVE TO THE REFINED SITE
DESIGNATION CRITERIA AND THE PRELIMINARY MAPPING AS
FOLLOWS:
1. ACCEPT THE PRELIMINARY REPORT;
2. ACCEPT THE REFINED SITE DESIGNATION CRITERIA
WITH THE FOLLOWING ADJUSTMENTS:
A. USE A THREE-MILE RADIUS FROM THE SPHERE
OF INFLUENCE BOUNDARY AROUND THE CITIES
OF CHICO AND OROVILLE, AND THE TOWN OF
PARADISE, AS THE SEARCH AREA FOR BOTH
THE TIER 1 AND TIER 2 MAPS. THIS WILL
ELIMINATE THE OUTLYING RURAL COMMUNITIES
FOR PURPOSES OF THIS STUDY;
B. USE THE ONE-HALF MILE AND ONE MILE
DISTINCTION FROM PRIMARY ROADS AS THE
DISTINGUISHING DIFFERENCE BETWEEN TIER 1
AND TIER 2 MAPS;
C. INCLUDE ALL QUALIFYING LANDS AS ELIGIBLE
CANDIDATE SITES, IF A PORTION OF SAID
LANDS FALLS WITHIN THE SEARCH
PARAMETERS; AND
3. DIRECT THE CONSULTANT TO PREPARE THE FINAL
FEASIBILITY REPORT AND CONTACT CANDIDATE
LANDOWNERS TO VERIFY INTEREST. (DEVELOPMENT
SERVICES)
Page 11 October 24, 2000
Time Item No.
4.05 * Comment Letter to CALFED - consideration of a
comment letter to the CALFED Ecosystem Roundtable
regarding ecosystem proposals recommended for
funding under the 2000 Proposal Solicitation
Package - action requested - ACCEPT RECOMMENDATION
OF THE BUTTE COUNTY WATER COMMISSION AND APPROVE A
COMMENT LETTER TO CALFED AND AUTHORIZE THE CHAIR TO
SIGN. (WATER AND RESOURCE CONSERVATION)
4.06 * Glassy-winged Sharpshooter - Report to the Board -
update on the current status of the Glassy-winged
Sharpshooter project within Butte County - action
requested - ACCEPT FOR INFORMATION. (AGRICULTURAL
COMMISSIONER)
4.07 Items removed from the Consent Agenda for Board
consideration and action.
Page 12 October 24, 2000
Time Item No.
5.00 Public Hearincrs and Timed Items
10:30 A.m. 5.01 Continued Public Hearing - Application for
Certificate of Merger - K&DR Company - consideration
of an appeal of an application, pursuant to Butte
County Ordinance No. 3273, to merge APN 062-680-027
and 071-450-008; merging two parcels into one
parcel. The property is located at the southerly
end of Pine Tree Lane, south of Bald Rock Road,
Berry Creek area - action requested:
1. FIND THAT THE REVIEW OF AN APPLICATION FOR
CERTIFICATE OF MERGER IS LIMITED TO EXISTING
CONDITIONS, NOT BASED ON OTHER POSSIBLE USES
OF THE PROPERTY, WHICH ARE SUBJECT TO SEPARATE
PERMITTING PROCESSES; AND
2. FIND THAT THE CERTIFICATE OF MERGER IS EXEMPT
FROM ENVIRONMENTAL REVIEW (AS A MINISTERIAL
PROJECT, PURSUANT TO PUBLIC RESOURCES CODE
SECTION 21080 (b)(1)), AND APPROVE THE FILING
OF THE CERTIFICATE OF MERGER SUBJECT TO
PLACEMENT OF THE FOLLOWING NOTE ON THE
CERTIFICATE, "THE TITLE REPORTS SUBMITTED WITH
THE APPLICATION FOR THIS CERTIFICATE OF MERGER
INDICATED THAT THE PORTION OF THE HEREIN
DESCRIBED PROPERTY LYING WITHIN SECTION 33,
TOWNSHIP 21 NORTH, RANGE 5 EAST (AP 062-680-
027), WAS SERVED BY A `RIGHT OF WAY FOR ROAD
AND PUBLIC UTILITY PURPOSES OVER A STRIP OF
LAND 60 FEET IN WIDTH' TO BALD ROCK ROAD. SAID
TITLE REPORTS ALSO INDICATED `THE LACK OF A
LEGAL RIGHT OF ACCESS TO AND FROM A PUBLIC
STREET OR HIGHWAY' FOR THE HEREIN DESCRIBED
PROPERTY LYING WITHIN SECTION 4, TOWNSHIP 20
NORTH, RANGE 5 EAST, M.D.B. & M (AP 071-450-
008) NO DETERMINATION HAS BEEN MADE BY THE
COUNTY OF BUTTE REGARDING RIGHTS OF ACCESS, IF
ANY, TO THE MERGED PARCEL DESCRIBED IN THIS
DOCUMENT OR ANY PART THEREOF. APPROVAL AND
RECORDATION OF THIS MERGER DOES NOT CONSTITUTE
SUCH A DETERMINATION." (FROM 8-22-00 [5.02])
Page 13 October 24, 2000
Time Item No.
10:45 A.m. 5.02 * Public Hearing - Bridge Weight Limit Posting -
consideration of an engineering investigation of
Bridge No. 12C-194, located on Dixie Road, 22 miles
northeast of the junction of Camp Creek Road in the
north Feather River Canyon area, for the purpose of
posting of structural weight load limits as follows:
18 tons per vehicle; 28 tons per semi-trailer
combination; and 36 tons per truck and full
trailer - action requested - ADOPT RESOLUTION
APPROVING PROPOSED MAXIMUM LOAD POSTING AND
AUTHORIZE THE CHAIR TO SIGN.
Page 14 October 24, 2000
Time Item No.
11:00 A.m. 5.03 * Public Hearing - Use Permit, Mining Permit,
Reclamation Plan - Scott D. Stephens - consideration
of an appeal of the Planning Commission's approval
of a Use Permit, Mining Permit, and Reclamation
Plan, in accordance with the Surface Mining and
Reclamation Act, to operate a surface aggregate
quarry for the extraction of basalt (item on which
a negative declaration with mitigation measures
regarding environmental impacts has been
recommended). The mine will encompass 5 acres
within a 326 (+/-) acre property. The applicant
proposes to utilize a sidehill method of excavation
which will leave a graded area and a cut-bank with
a 35-degree slope. A rock crusher, rock screen, and
settling pond is also proposed. Mining operations
will take place over ten years. The mined basalt
will be crushed into road base material and hauled
off-site. Maximum anticipated mine depth is 70
feet. All topsoil shall be conserved for later use
in reclamation. The mine will be reclaimed at the
conclusion of operations for use as a grazing area,
which will also support native annual vegetation and
local wildlife. Access to the site is provided by
Canyon Shadows Road, a private road. The property
is zoned "U" (Unclassified) and located
approximately 1.5 miles north of the intersection of
Canyon Shadows Road and Humboldt Road, in the Little
Chico Creek Canyon, T22N, R2E, Section 11, MDB&M,
and identified as APN 063-290-056 and 063-290-057
(DB [MIN 99-02]) - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 24, 2000, ADOPT A
MITIGATED NEGATIVE DECLARATION;
2. FIND THAT BECAUSE A MITIGATED NEGATIVE
DECLARATION HAS BEEN PREPARED, THE COLLECTION
OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 (d) (3) AND 14 CCR 753.5 (a) (4) IS
REQUIRED; AND
3. SUBJECT TO FINDINGS III A(1-7) AS DETAILED IN
THE STAFF REPORT DATED OCTOBER 24, 2000, AND
THE CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED
OCTOBER 24, 2000, APPROVE MINING PERMIT 99-02
AND AUTHORIZE THE CHAIR TO SIGN.
Page 15 October 24, 2000
Time Item No.
1:30 P.m. 5.04 * Continued 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-160 WP (Timber Mountain -
160 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 BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE
AMENDED STAFF REPORT DATED OCTOBER 24, 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 AMENDED STAFF REPORT DATED
OCTOBER 24, 2000, AND THE AMENDED CONDITIONAL
ZONING AGREEMENT INCLUDED IN THE AMENDED STAFF
REPORT DATED OCTOBER 24, 2000, ADOPT AN
ORDINANCE APPROVING THE REZONE, INCLUDING THE
AMENDED CONDITIONAL ZONING AGREEMENT, AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 9-12-00
[5.06] )
Page 16 October 24, 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 SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASE.
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. Marsha L. Berkbigler, Director Government
Relations, AT&T Broadband, writes to inform
the Board of changes to their billing format
which are designed to make the bills easier to
read (September 27, 2000 correspondence), and
informs the Board that effective
November 1, 2000, there will be an increase to
rates for adult Pay-Per-View programming
(September 29, 2000 correspondence).
2. Sean Hogue, General Manager, AT&T Broadband,
writes to inform the Board of changes in the
format of their billing statements,
programming packages, and rates.
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 17 October 24, 2000