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HomeMy WebLinkAboutM012301BOARD OF SUPERVISORS MINUTES R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District January 23, 2001 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: John S. Blacklock, Chief Administrative Officer; Bruce Alpert, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor Tom Adams, Paradise Seventh Day Adventist Church, Paradise. Consent A ecr nda 01-015 1. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-171 (PUBLIC WORKS); B-170 (STORES ISF); B-166 (CAPITAL PROJECTS-ROCK CREEK/KEEFER SLOUGH FLOOD CONTROL); AND B-169 (ADMINISTRATION). (All budget transfers listed above require a 4/5 vote.) 2. Law Library Trustees - action requested - REAPPOINT RAOUL LECLERC, BUTTE COUNTY BAR ASSOCIATION REPRESENTATIVE; AND GARY KNIPPEN, BOARD DESIGNEE AND EX-OFFICIO TRUSTEE; TO TERMS TO END JANUARY 2002. 3. Board of Appeals for Disabled Access - action requested - REAPPOINT ROCKY BURKS, PUBLIC MEMBER; JAY HARRIS, DISABLED MEMBER; TOM EDGAR, DISABLED MEMBER; STEVE GILMORE, CONSTRUCTION MEMBER; AND DENNIS MORELAND, CONSTRUCTION MEMBER; TO TERMS TO END JANUARY 18, 2003. 4. Butte County Behavioral Health Board - action requested - REAPPOINT ROBERT SATO, FAMILY MEMBER REPRESENTATIVE; AND MIGUEL FIMBRES, CONSUMER MEMBER REPRESENTATIVE; TO TERMS TO END DECEMBER 31, 2003. Page 24 January 23, 2001 January 23, 2001 O1-015 5. Tri-County Economic Development District and Tri-County Small Business Development Advisory Committee - action requested - REAPPOINT RICK FARLEY, REPRESENTATIVE, TO A TERM TO END JUNE 2002. 6. Reissue Time Expired Check - Board approval is requested by the Administrative Office, on behalf of Butte College, to reissue time expired check no. 1505- 262070, in the amount of $764, dated August 29, 1994, which has been lost or destroyed. In accordance with the Auditor-Controller's policy, the County has received a Declaration In Re Lost or Destroyed County Check/warrant form - action requested - DIRECT AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED CHECK NO. 1505-262070, IN THE AMOUNT OF $764, TO BUTTE COLLEGE. 7. Treasurer-Tax Collector - Additional Appropriation - Board approval is requested by the Treasurer-Tax Collector for an increase to the department's budgeted revenue of $9,000. The increase will be funded by interest earnings on the treasury portfolio, and Board approval is requested to transfer the funds to the department's extra help account to offset a deficit created by the additional work load resulting from the enhanced Court Collections program - action requested - APPROVE BUDGET TRANSFER B-165 (4 /5 vote required) INCREASING THE DEPARTMENT'S UNANTICIPATED REVENUE AND APPROPRIATING THE FUNDS. 8. Development Services Department - Planning Division - Board approval is requested by the Development Services Department for a budget augmentation of $78,000 to fund activities related to the County's long range planning efforts. The department is requesting that existing encumbered funds originally intended for other specific tasks that related to long range planning efforts be used. The department has advised that the need for existing encumbered contracts no longer exists - action requested - APPROVE BUDGET TRANSFER B-163. 9. Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which will correct the effective date of the salary ordinance amendment for the Director of Environmental Health. The proposed correction provides for an effective date retroactive to October 26, 2000 - action requested - ADOPT ORDINANCE 3678 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-9-O1 [3.28]) Page 25 January 23, 2001 January 23, 2001 O1-015 10. Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Public Health Nurse III/II/I. The position will provide medical case management services to adult and child clients in support of the Memorandum of Understanding with the Department of Social welfare for services in support of the Alternative Response Team. Funding for the position is provided by the Department of Social welfare - action requested - ADOPT ORDINANCE 3679 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-9-O1 [3.29]) 11. Introduction of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which removes all position allocations and budget units associated with the Superior Court of California, County of Butte, from the Butte County salary ordinance - action requested - WAIVE READING OF THE ORDINANCE. 12. Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which adjusts the salary range for the position of Family Support Administrator (retroactive to June 27, 1998) to provide for the position's salary range to be consistent with salary range of the position of Assistant District Attorney - action requested - WAIVE READING OF THE ORDINANCE. 13. Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which reclassifies one position of Senior Account Clerk to Administrative Analyst II/I in response to a reclassification study - action requested - WAIVE READING OF THE ORDINANCE. 14. Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which reclassifies fourteen positions of Eligibility Technician II/I to fourteen positions of Employment and Eligibility Technician in response to a department wide reclassification study recommendation - action requested - WAIVE READING OF THE ORDINANCE. 15. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Public Health Laboratory Technician (term to end 12-31-01) to provide needed support resulting from an extended vacancy in the department - action requested - wAIVE READING OF THE ORDINANCE. Page 26 January 23, 2001 January 23, 2001 O1-015 16. Introduction of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Inventory/Invoice Coordinator in support of the department's cost accounting system, and flexibly staffs one position of Auditor-Accountant III to Auditor- Accountant III/II/I to provide the department with greater staffing choices - action requested - WAIVE READING OF THE ORDINANCE. 17. Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which adds one half-time position of Legal Secretary I/Legal Typist Clerk/Office Assistant III to the Victim witness Grant budget unit in support of the grant, and converts one full time position of Legal Secretary I/Legal Typist Clerk/Office Assistant III in the Board of Control Grant budget unit to two half-time positions of Legal Secretary I/Legal Typist Clerk/Office Assistant III in response to current year grant funding - action requested - WAIVE READING OF THE ORDINANCE. 18. Introduction of a Salary Ordinance Amendment - the Behavioral Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Supervisor-Mental Health Clinician, and one position of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker to support the increased Therapeutic Behavioral Health services offered by the department - action requested - WAIVE READING OF THE ORDINANCE. 19. Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which extends the term position of a half-time Senior Cook for the Juvenile Hall to April 27, 2001, in response to the extended disability leave of a department employee - action requested - WAIVE READING OF THE ORDINANCE. 20. Installation of Storm Drainage Facilities Along a Tributary of Wyman Ravine - County Project No. CDBG-97-2 - Purchase of wetland Mitigation Bank Credits - Board approval is requested by the Public works Department for the purchase of 0.78 acres of wetland mitigation bank credits from wildlands, Inc., in the amount of $35,100. The purchase is being requested in response to a requirement of the Army Corps of Engineers' project permit. The cost of the credits is a reimbursable cost under the Community Development Block Grant Contract 97-STBG-1201 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 27 January 23, 2001 January 23, 2001 O1-015 21. Peg Taylor Senior Adult Day Health Care - Board approval is requested by the Administrative Office for an agreement with the Peg Taylor Senior Adult Day Health Care Center for the preparation of a five year strategic and business plan for the Peg Taylor Senior Adult Day Health Care Center component of the Southside Oroville Community Center. The agreement has a maximum amount payable of $6,500 (project grant funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 22. State Department of Alcohol and Drug Programs - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the revenue agreement with the State Department of Alcohol and Drug Programs which provides for additional funding in the amount of $221,608 in response to an increased State allocation to the County. The term of the agreement remains July 1, 1998, through June 30, 2002 - action requested - ADOPT RESOLUTION O1-003 APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION AND AGREEMENT. (Contract No. R40074) 23. Feather River Tribal Health, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Feather River Tribal Health, Inc., for the provision of mental health services to Butte County Medi-Cal referrals who meet the criteria of medical necessity. The term of the agreement is November 1, 2000, through June 30, 2001, with a maximum amount payable of $72,129 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11903) 24. Glenn County Health Services - Inpatient Services - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for a revenue agreement with Glenn County Health Services for the provision of acute psychiatric inpatient care to residents of Glenn County referred to the BCDBH Psychiatric Health Facility. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable to the County of $80,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40274) Page 28 January 23, 2001 January 23, 2001 O1-015 25. Mira Monte I and II - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Mira Monte I and II for the provision of residential care services to BCDBH clients. The amendment increases the maximum amount payable by $13,952 (department budget) in response to an increased utilization of services. The term remains July 1, 1999, through June 30, 2001 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR. (Contract No. X11500) 26. Superior Court of California, County of Butte - Memorandum of Understanding - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the Memorandum of Understanding with the Superior Court of California, County of Butte, for funds to support the Drug Court Manager position. The amendment extends the term of the agreement to April 30, 2001. All other terms and 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. (Contract No. X11418) 27. Crestwood Behavioral Health, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Crestwood Behavioral Health, Inc., for the provision of Institutions for Mental Disease (IMD) and Enhancement Services. The amendment extends the term of the agreement through June 30, 2001, and increases the maximum amount payable by $474,786 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11075) 28. Substance Abuse and Mental Health Services Administration (SAMHSA) Block Grant - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the grant agreement with the California Department of Mental Health for additional funds in the amount of $116,857 for the SAMHSA Block Grant program for fiscal year 2000-2001 - action requested - ADOPT RESOLUTION O1-004 AUTHORIZING BUTTE COUNTY TO ACCEPT ADDITIONAL GRANT FUNDS FOR FISCAL YEAR 2000-2001 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-174 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT FUNDS. Page 29 January 23, 2001 January 23, 2001 O1-015 29. Community Living Center-JOBS PLUS - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with Community Living Center-JOBS PLUS for the provision of vocational experience and alcohol and drug prevention services to BCDBH clients. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $140,340 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 30. 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 a Comprehensive Land Use Plan for the four public use airports in Butte County. The amendment extends the term of the agreement to June 30, 2001, and increases the maximum amount payable by $5,000 (department budget) to provide for additional work needed to finalize the plan - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11078) 31. Butte Meadows Hillsliders Snowmobile Club - Amendment - Off-Highway Vehicle Grant - Board approval is requested by the General Services Director for an amendment to the agreement with the Butte Meadows Hillsliders Snowmobile Club for the provision of snow removal in the Butte Meadows recreational area, and maintenance of the County- owned Snocat, in support of the Off-Highway Vehicle Grant. The amendment extends the term of the agreement through June 30, 2001, and increases the maximum amount payable by $33,000 (grant funds) - action requested - APPROVE BUDGET TRANSFER B-172 (4 /5 vote required); AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11024) 32. Backgrounds and More - Amendment - Board approval is requested by the Probation Department for an amendment to the agreement with Backgrounds and More for the provision of background investigation services for Probation Department applicants. The amendment increases the maximum amount payable by $15,000 (department budget) due to the increased utilization of services. All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11765) Page 30 January 23, 2001 January 23, 2001 O1-015 33. State of California, Office of Traffic Safety Grant Agreement - Child Safety Seat and Occupant Protection Project 1. Board approval is requested by the Public Health Department for a grant agreement with the Office of Traffic Safety for $144,448 in funds to support a Child Safety Seat and Occupant Protection Project for the period of January 1, 2001, through March 31, 2003 - action requested - APPROVE BUDGET TRANSFER B-162 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND 2. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Public Health Nurse III/II/I (term to end 3-31-03) in support of the Child Safety Seat and Occupant Protection Project. The position will be funded utilizing 1000 State funds - action requested - WAIVE READING OF THE ORDINANCE. 34. State Department of Health Services - Board approval is requested by the Public Health Department for a grant agreement with the State Department of Health Services for funds in the amount of $194,777 (1000 State) for reimbursement of uncompensated emergency physician services. As a Rural Health Services county, the County of Butte will be able to contract back with the State for administration of the program - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE DECLARATION OF INTENT TO CONTRACT BACK AND AUTHORIZE THE CHAIR TO SIGN. 35. Sirron Software Corporation - Board approval is requested by the Sheriff-Coroner for an agreement with Sirron Software Corporation for the provision of software licenses, installation, support, hardware (bar code scanners), and conversion services for a civil administration computer system for the Sheriff's Civil Division. The cost of the agreement is 29,183.91, and was included in the department's fiscal year 2000-2001 budget. Board approval is also requested for the sole source purchase of the specialized civil division software - action requested - APPROVE SOLE SOURCE PURCHASE; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11867) Page 31 January 23, 2001 January 23, 2001 O1-015 MOTION VOTE 36. Airport Land Use Commission's (ALUC's) Responses to the Board of Supervisors' Comments Regarding the Draft 2000 Airport Land Use Compatibility Plan and Addendum - the Department of Development Services submits a report of ALUC's responses to the Board's comments submitted December 19, 2000, on the Draft 2000 Airport Land Use Compatibility Plan and Addendum - action requested - ACCEPT FOR INFORMATION. 37. 2001 Legislative Platform - the Administrative Office submits the revised 2001 Legislative Platform which incorporates the changes and additions the Board directed at the meeting of December 19, 2000 - action requested - ACCEPT CHANGES AND ADDITIONS TO THE 2001 LEGISLATIVE PLATFORM. 38. Intent to Sub-Lease - Board approval is requested by the departments of Public Health and welfare to declare the County's intent to authorize a sublease for office and service space to be located in the City of Oroville. The proposed tenant is the Butte County Private Industry Council, Inc., and the proposed landlord will be Guillon Industrial Properties, L.P.2. The planned location of the space will be directly to the south of the new Community Employment Center in Oroville - action requested - DECLARE INTENT TO AUTHORIZE THE SUBLEASE OF PROPERTY IN THE CITY OF OROVILLE, CONTINGENT UPON A SIGNED MASTER AGREEMENT BETWEEN THE PRIVATE INDUSTRY COUNCIL, INC., AND LANDLORD, AND SUBJECT TO AVAILABILITY OF FUNDS AND FISCAL APPROPRIATIONS. (71) I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED. S M l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 32 January 23, 2001 January 23, 2001 Regular Agenda O1-016 Appointments - Boards, Commissions, and Committees. (95) 1. Appointments to listed vacancies. MOTION: I MOVE TO APPOINT PETE WITHAM, SR., DISTRICT 5 REPRESENTATIVE TO THE COMMUNITY ACTION AGENCY; JACK BEQUETTE, DISTRICT 4 REPRESENTATIVE TO THE BUTTE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT; TOM DONATI AND MELVIN RICHINS, DISTRICT 4 REPRESENTATIVES TO THE BUTTE COUNTY FAIR BOARD AND GRIDLEY SWIMMING POOL DISTRICT; MARK LAVY, DISTRICT 4 REPRESENTATIVE TO THE AGRICULTURAL ADVISORY COMMISSION; DON MCNELIS, DISTRICT 4 REPRESENTATIVE TO THE COMMUNITY ACTION AGENCY; DAN BOEGER, DISTRICT 4 REPRESENTATIVE TO THE ECONOMIC DEVELOPMENT CORPORATION OF BUTTE COUNTY/INDUSTRIAL DEVELOPMENT AUTHORITY; HOWARD HAMMAN, DISTRICT 4 REPRESENTATIVE TO THE BUTTE COUNTY FISH AND GAME COMMISSION; RICHARD A. LELAND, JR., DISTRICT 4 REPRESENTATIVE TO THE BUTTE COUNTY PLANNING COMMISSION; DAVE MEYERS, DISTRICT 4 REPRESENTATIVE TO THE SURFACE MINING AGGREGATE OPERATIONS COMMITTEE; AND DAN BOEGER, DISTRICT 4 REPRESENTATIVE TO THE BUTTE COUNTY WATER COMMISSION; ALL TO TERMS AS INDICATED IN THE APPOINTMENTS REGISTRY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO REAPPOINT KATE LANG, DISTRICT 2 REPRESENTATIVE TO THE COMMUNITY ACTION AGENCY TO A TERM TO END DECEMBER 31, 2003. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Board of Supervisors' Committee Assignments - consideration of the various board, commission, and committee assignments for Board of Supervisors members - action requested - MAKE APPOINTMENTS AS NECESSARY. MOTION: I MOVE TO APPOINT SUPERVISOR YAMAGUCHI TO THE AB939 RECYCLING AND SOURCE REDUCTION COMMITTEE; SUPERVISOR BEELER TO THE BEHAVIORAL HEALTH BOARD TO A TERM TO END DECEMBER 31, 2003; SUPERVISOR YAMAGUCHI ALTERNATE TO THE LOCAL AGENCY FORMATION COMMISSION TO A TERM TO END MAY 2003; SUPERVISOR JOSIASSEN REPRESENTATIVE TO THE NATIONAL ASSOCIATION OF COUNTIES TO A TERM TO END JANUARY 2002; SUPERVISOR BEELER, APPOINTEE, AND SUPERVISOR JOSIASSEN, ALTERNATE, TO THE REGIONAL COUNCIL OF RURAL COUNTIES TO TERMS TO END FEBRUARY 2002; AND SUPERVISOR HOUX REPRESENTATIVE TO THE REMOTE ACCESS NETWORK COMMITTEE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) ALL OTHER APPOINTMENTS ON THE PRESENTED LIST OF BOARD MEMBER APPOINTMENTS REMAIN UNCHANGED. BOARD DIRECTION THAT THE TOPIC OF THE COUNTY'S CONTINUED MEMBERSHIP TO THE REGIONAL COUNCIL OF RURAL COUNTIES BE BROUGHT BACK ON A SUBSEQUENT AGENDA. Page 33 January 23, 2001 January 23, 2001 01-016 3. Butte County Maternal Child and Adolescent Health Board - consideration of a request to disband the committee - action requested - DISBAND COMMITTEE. MOTION: I MOVE TO DISBAND THE BUTTE COUNTY MATERNAL CHILD AND ADOLESCENT HEALTH BOARD. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 01-017 Update on legislative and budget activities. (459) JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE CALIFORNIA STATE ASSOCIATION OF COUNTIES IS SETTING APRIL 5, 2001, AS THE TARGET DATE THEY WILL USE TO DECIDE WHETHER OR NOT TO MOVE FORWARD WITH A CONSTITUTIONAL AMENDMENT DESIGNED TO PROTECT LOCAL GOVERNMENT REVENUES IN THE FUTURE. ADDITIONALLY, MR. BLACKLOCK WILL BE BRINGING FORWARD A COMPREHENSIVE PRESENTATION TO THE BOARD ON RESULTS BASED MANAGEMENT ON FEBRUARY 13, 2001, AND WILL BE BRINGING AN EXPERT CONSULTANT TO THE COUNTY TO PROVIDE TRAINING TO DEPARTMENT HEADS ON FEBRUARY 20, 2001, AND WILL SCHEDULE A SPECIAL BOARD MEETING FOR THAT DAY TO ALLOW BOARD MEMBERS TO ATTEND THE TRAINING. O1-018 Sites Reservoir Memorandum of Understanding - presentation to the Board by the Northern California water Association regarding the investigation of an off-stream reservoir in Glenn and Colusa counties, referred to as the Sites Reservoir - action requested - ACCEPT FOR INFORMATION. (657) PRESENTATION TO THE BOARD BY DAVID GUY, EXECUTIVE DIRECTOR, NORTHERN CALIFORNIA WATER ASSOCIATION. BOARD DIRECTION THAT THE ISSUE OF THE COUNTY BECOMING A SIGNATORY TO THE MEMORANDUM OF UNDERSTANDING BE REFERRED BACK TO THE WATER COMMISSION FOR REVIEW AND RECOMMENDATION. 01-019 Agricultural Center Update - Report to the Board - presentation to the Board by the Agricultural Center Interest Group regarding the potential development of an Agricultural Center in Butte County - action requested - DECLARE INTENT TO FUND A NEEDS ASSESSMENT AT A COST NOT TO EXCEED $15,000; SUPPORT FORMATION OF A NON-PROFIT ORGANIZATION WITH BUTTE COUNTY AGENCY REPRESENTATION ON THE BOARD OF DIRECTORS; AND DIRECT THE AGRICULTURAL COMMISSIONER TO DEVELOP A REQUEST FOR PROPOSAL FOR THE NEEDS ASSESSMENT. (1561) MOTION: I MOVE TO DIRECT THE DEVELOPMENT OF A STATEMENT OF PURPOSES FOR THE CENTER, AND TO SEEK FUTURE POTENTIAL PARTNERS WHO MAY ASSIST IN FUNDING THE NEEDS ASSESSMENT. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 34 January 23, 2001 January 23, 2001 O1-020 ED MCLAUGHLIN SUBMITS A PETITION REQUESTING THE BOARD MAKE IMPROVEMENTS TO THE DANGEROUS INTERSECTION OF DURHAM DAYTON HIGHWAY AND AGUAS FRIAS ROAD. RECESS: 10:21 A.M. RECONVENE: 10:36 A.M. Public Hearincrs and Timed Items O1-021 Continued Public Hearing - Neal Road Landfill Fees - consideration of an ordinance amending Article VII, of Chapter 3 of the Butte County Code, regarding gate fees chargeable at the Neal Road Landfill, more specifically, disposal fees - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [5.05]) (**2625)(***00) PUBLIC HEARING RECONVENED: 11:01 A.M. PUBLIC HEARING CLOSED: 11:26 A.M. MOTION: I MOVE TO ADOPT ORDINANCE 3680 AND AUTHORIZE THE CHAIR TO SIGN, AND DIRECT THE PUBLIC WORKS DEPARTMENT TO RETURN THE SEPTAGE BUDGET AND FEE SCHEDULE TO THE BOARD IN ONE YEAR FOR REVIEW. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 35 January 23, 2001 January 23, 2001 O1-022 Public Hearing - Board of Supervisors - Zoning Code Amendment - Recreational Overlay Zone - consideration of a project with two components: 1) creation of a new zoning classification to the Butte County Zoning Code entitled, "Recreational Overlay Zone" (ROZ); and 2) application of the new zoning district to approximately 360 acres of land located along the east side of the Feather River. In order to apply the ROZ elsewhere, a rezone application must be submitted and approved by the County. Component l: The overlay zone will allow recreation uses such as golf courses, tennis courts, water sports, recreation fields, theme parks, entertainment parks including arcades and amusement parks, museums, zoos, and camping facilities. In addition, the zone will support uses such as shops and stores that sell recreation equipment, motels, restaurants, and RV parks. These proposed uses will be in addition to the uses allowed by the applicable base zoning district. Component 2: The application of the ROZ to approximately 360 acres located along the east side of the Feather River, generally north of Pacific Heights Road and south of Oro-Dam Boulevard, west of Highway 70. This area is currently zoned as follows: 3.7 acres M-1 (Light Industrial), approximately 85 acres RC (Resource Conservation), and 270 acres LI (Light Industrial). The LI and M-1 zones permit a wide range of industrial uses without any discretionary permits and are, therefore, not normally subject to California Environmental Quality Act (CEQA) review. The RC zone does not permit any use of the land that requires buildings or structural improvements unless a use permit is first obtained (CBS [File No. ZCA 00-02]) - action requested: 1. THE PLANNING COMMISSION RECOMMENDS THE BOARD DENY THE REQUEST TO CREATE A RECREATIONAL OVERLAY ZONE IN CHAPTER 24 OF THE BUTTE COUNTY CODE, SUBJECT TO THE FINDING THAT THE PROPOSAL WILL CREATE NONCONFORMING USES AND PLACE RECREATIONAL USES ON INDUSTRIAL LANDS, AND THE FINDING THAT THE PROPOSAL NEEDS MORE DEVELOPMENT; OR 2. SHOULD THE BOARD CHOOSE TO APPROVE THE PROJECT, ONE OR BOTH OF THE FOLLOWING ACTIONS SHOULD BE TAKEN: A. ADOPT A MOTION OF INTENT TO APPROVE THE CREATION OF A RECREATIONAL OVERLAY ZONE AND DIRECT STAFF TO DEVELOP APPROPRIATE FINDINGS; B. ADOPT A MOTION OF INTENT TO APPROVE THE APPLICATION OF THE RECREATIONAL OVERLAY ZONE TO THE LANDS DESCRIBED IN ZCA 00-02, AND DIRECT STAFF TO DEVELOP APPROPRIATE FINDINGS. (**1228) (***00) Page 36 January 23, 2001 January 23, 2001 O1-022 PUBLIC HEARING OPENED: 11:43 A.M. PUBLIC HEARING CLOSED: 12:15 P.M. MOTION: I MOVE TO ADOPT A MOTION OF INTENT TO APPROVE THE CREATION OF A RECREATIONAL OVERLAY ZONE, AS AMENDED FROM THE STAFF REPORT DATED JANUARY 23, 2001, AS FOLLOWS: RECREATIONAL OVERLAY ZONE SITE DEVELOPMENT STANDARD (d)(3) AMENDED TO PROVIDE FOR THE STANDARD OF GRADING TO BE TO THE STANDARD INCLUDED IN APPENDIX CHAPTER 33 OF THE UNIFORM BUILDING CODE, AND AS ACCEPTABLE TO THE DEPARTMENT OF WATER RESOURCES; SITE DEVELOPMENT STANDARD (d)(7) TO BE AMENDED TO PROVIDE THAT THE RECREATIONAL VEHICLE PARKING SHALL NOT BE USED FOR PERMANENT HOUSING (6 MONTHS); AND POLICIES, PROCEDURES, AND STANDARDS FOR THE FEATHER RIVER RECREATIONAL OVERLAY ZONE SITE DEVELOPMENT STANDARDS (b)(2) TO INCLUDE LANGUAGE WHICH PROVIDES AN EXCEPTION TO THE 100 FOOT LIMITED DEVELOPMENT SETBACK ZONE ALONG THE FEATHER RIVER FOR THOSE FACILITIES THAT PROVIDE ACCESS TO THE RIVER, SUCH AS A BOAT RAMP; AND DIRECT STAFF TO DEVELOP APPROPRIATE FINDINGS; I FURTHER MOVE TO ADOPT A MOTION OF INTENT TO APPROVE THE APPLICATION OF THE RECREATIONAL OVERLAY ZONE TO THE LANDS DESCRIBED IN ZCA 00-02, AND DIRECT STAFF TO DEVELOP APPROPRIATE FINDINGS. THE RECREATIONAL OVERLAY ZONE IS NOT TO APPLY TO THOSE LANDS CURRENTLY ZONED RESOURCE CONSERVATION (RC). M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda O1-023 Approval to Submit Grant Applications for Funding Under Proposition 13-Nonpoint Source and watershed Protection Program - consideration of applications for grant funding available to local agencies and landowner-based non-profit organizations for a variety of projects - action requested - ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION AND APPROVE THE PROPOSED GRANT PROPOSALS FOR SUBMITTAL ON BEHALF OF THE COUNTY. (***534) MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION AND APPROVE THE PROPOSED GRANT PROPOSALS FOR SUBMITTAL ON BEHALF OF THE COUNTY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-024 CLOSED SESSION: THE BOARD ADJOURNED AT 12:42 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT/EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PERSONNEL. (***796) Page 37 January 23, 2001 January 23, 2001 O1-024 RECONVENE: THE BOARD RECONVENED AT 1:34 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT/EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PERSONNEL. (***835 [NO ANNOUNCEMENTS]) Regular Agenda O1-025 Growth Analysis Survey - Chico State University Research Foundation - Board approval is requested by the Development Services Department for an agreement with the Chico State University Research Foundation for the provision of a Growth Analysis Survey for Butte County. The term of the agreement is January 1, 2001, through May 30, 2001, with a maximum amount payable of $43,000 (1999 and 2000 LEGACI Grant funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN (Contract No. X11887). (***841) MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 01-026 Butte County Juvenile Hall - Plans and Specifications - Call for Bids - consideration of the plans and specifications for the construction of the new Butte County Juvenile Hall, and the setting of the bid opening - action requested - APPROVE PLANS AND SPECIFICATIONS; AND SET BID OPENING FOR FEBRUARY 28, 2001, AT 2:30 P.M., IN THE BUTTE COUNTY PURCHASING OFFICE. (***1700) MOTION: I MOVE TO APPROVE THE PLANS AND SPECIFICATIONS; AND SET THE BID OPENING FOR FEBRUARY 28, 2001, AT 2:30 P.M., IN THE BUTTE COUNTY PURCHASING OFFICE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-027 Chy/Mullen Agreement for the Joint Management of Timberland - consideration of an agreement for the joint management of timberland between the County and the property owners Chy and Mullen as a requirement of a lot line adjustment - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (***2006) MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 38 January 23, 2001 January 23, 2001 O1-028 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION OF INTENT ADOPTED - Tentative Parcel Map - Becky Yount (Jim Miller) - consideration of an appeal of the conditions of approval of a Tentative Parcel Map to divide a 16.75 acre parcel into three parcels: one parcel of 1.2 acres, one parcel of 7.35 acres, and one parcel of 8.2 acres. Access to parcels 1 and 2 will be from Speedway Avenue, and access to parcel 3 will be from Entler Avenue. Sewage disposal for the future dwellings on the site will be handled by on-site septic systems, and domestic water will be obtained from individual on-site wells. The project also includes a Lot Line Adjustment between the site and APN 040-030-054. The common property line will be moved to the south and the east. APN 040-030-054 will increase in size from .94 acres to approximately 1.3 acres (SB TPM-00-04) - action requested: 1. SUBJECT TO FINDINGS I(A-C) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, UPHOLD APPEAL O1-05 FOR BECKY YOUNT; 2. SUBJECT TO FINDINGS II(A-C) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, APPROVE AN EXCEPTION TO THE REQUIREMENTS OF BUTTE COUNTY CODE SECTION 20-133 TO ALLOW MORE THAN TWENTY PARCELS TO BE SERVED BY A CUL-DE- SAC STREET IN AN URBAN AREA; 3. FIND THAT THE LOT LINE ADJUSTMENT FOR BECKY YOUNT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), UNDER SECTION 15305 (CLASS 5 OF CEQA, WHICH STATES THAT MINOR ALTERATIONS IN LAND USE LIMITATIONS CAN BE APPROVED IN AREAS WITH AN AVERAGE SLOPE OF LESS THAN 200, AND THAT DO NOT RESULT IN ANY CHANGES IN LAND USE, INCLUDING, BUT NOT LIMITED TO, LOT LINE ADJUSTMENTS NOT RESULTING IN THE CREATION OF ANY NEW PARCEL (SECTION 153305 (a)) SECTION 15300.2 (a) FURTHER ALLOWS FOR A CLASS 5 EXEMPTION UPON CONSIDERATION WHERE THE PROJECT IS LOCATED. IT STATES THAT A PROJECT THAT IS ORDINARILY INSIGNIFICANT IN ITS IMPACT TO THE ENVIRONMENT MAY IN A PARTICULARLY SENSITIVE ENVIRONMENT BE SIGNIFICANT. THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS ON THE PROJECT SITE; 4. SUBJECT TO FINDINGS IV(A-C) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, AND THE AMENDED CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED JANUARY 23, 2001, APPROVE THE LOT LINE ADJUSTMENT FOR BECKY YOUNT; 5. SUBJECT TO FINDINGS V(A-D) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATION MEASURES 1-7 AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, AND AUTHORIZE THE CHAIR TO SIGN; Page 39 January 23, 2001 January 23, 2001 O1-028 6. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT BECAUSE THE PROPERTY HAS UNDERGONE EXTENSIVE AGRICULTURAL OPERATIONS THAT HAVE ELIMINATED MOST OF THE NATURAL HABITAT AND NO DEVELOPMENT WILL BE ALLOWED WITHIN 150 FEET OF COMANCHE CREEK IN ORDER TO PRESERVE RIPARIAN HABITAT. THEREFORE, A "DE MINIMUS" IMPACT OF FINDING REGARDING FISH AND/OR WILDLIFE OR THEIR HABITAT 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 7. SUBJECT TO FINDINGS VII(A-G) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, AND THE AMENDED CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "B" OF THE STAFF REPORT DATED JANUARY 23, 2001, APPROVE TENTATIVE PARCEL MAP TPM 00-04 FOR BECKY YOUNT. (FROM 1-9-O1 [5.03]) (***2156) MOTION: I MOVE, SUBJECT TO FINDINGS I(A-C) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, TO UPHOLD APPEAL O1-05 FOR BECKY YOUNT; SUBJECT TO FINDINGS II (A-C) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, APPROVE AN EXCEPTION TO THE REQUIREMENTS OF BUTTE COUNTY CODE SECTION 20-133 TO ALLOW MORE THAN TWENTY PARCELS TO BE SERVED BY A CUL-DE-SAC STREET IN AN URBAN AREA; FIND THAT THE LOT LINE ADJUSTMENT FOR BECKY YOUNT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), UNDER SECTION 15305 (CLASS 5 OF CEQA, WHICH STATES THAT MINOR ALTERATIONS IN LAND USE LIMITATIONS CAN BE APPROVED IN AREAS WITH AN AVERAGE SLOPE OF LESS THAN 200, AND THAT DO NOT RESULT IN ANY CHANGES IN LAND USE, INCLUDING, BUT NOT LIMITED TO, LOT LINE ADJUSTMENTS NOT RESULTING IN THE CREATION OF ANY NEW PARCEL (SECTION 153305 (a)) SECTION 15300.2 (a) FURTHER ALLOWS FOR A CLASS 5 EXEMPTION UPON CONSIDERATION WHERE THE PROJECT IS LOCATED. IT STATES THAT A PROJECT THAT IS ORDINARILY INSIGNIFICANT IN ITS IMPACT TO THE ENVIRONMENT MAY IN A PARTICULARLY SENSITIVE ENVIRONMENT BE SIGNIFICANT. THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS ON THE PROJECT SITE; SUBJECT TO FINDINGS IV (A-C) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED JANUARY 23, 2001, MOVE TO APPROVE THE LOT LINE ADJUSTMENT FOR BECKY YOUNT; SUBJECT TO FINDINGS V(A-D) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATION MEASURES 1-7 AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001; (MOTION CONTINUES ON PAGE 41) Page 40 January 23, 2001 January 23, 2001 O1-028 MOTION: (Cont.) S VOTE: 1 Y 2 FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT BECAUSE THE PROPERTY HAS UNDERGONE EXTENSIVE AGRICULTURAL OPERATIONS THAT HAVE ELIMINATED MOST OF THE NATURAL HABITAT AND NO DEVELOPMENT WILL BE ALLOWED WITHIN 150 FEET OF COMANCHE CREEK IN ORDER TO PRESERVE RIPARIAN HABITAT. THEREFORE, A "DE MINIMUS" IMPACT OF FINDING REGARDING FISH AND/OR WILDLIFE OR THEIR HABITAT 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 SUBJECT TO FINDINGS VII(A-G) AS DETAILED IN THE STAFF REPORT DATED JANUARY 23, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "B" OF THE STAFF REPORT DATED JANUARY 23, 2001, AS AMENDED, AMENDING CONDITION 17 B. AS FOLLOWS: "PLACE A NOTE ON THE ADDITIONAL MAP SHEET OR A SEPARATE DOCUMENT TO BE RECORDED CONCURRENTLY WITH THE PARCEL MAP WHICH STATES AS FOLLOWS: "l. ANY FURTHER DIVISION OF PARCEL 2 WILL REQUIRE CONSTRUCTION OF AN ACCESS ROAD..."; AND AMENDING CONDITION 18. TO READ, "PLACE A NOTE ON THE ADDITIONAL MAP SHEET OR SEPARATE DOCUMENT TO BE RECORDED CONCURRENTLY WITH THE PARCEL MAP WHICH STATES THAT PRIOR TO CONSTRUCTION OR DEVELOPMENT, OBTAIN AN ENCROACHMENT PERMIT AND CONSTRUCT A STANDARD ROAD APPROACH, IN ACCORDANCE WITH COUNTY IMPROVEMENT STANDARDS. ADEQUATE SIGHT DISTANCE AT THE INTERSECTION OF ACCESS ROAD AND ENTER AVENUE SHALL BE PROVIDED." I FURTHER MOVE TO APPROVE TENTATIVE PARCEL MAP TPM 00-04 FOR BECKY YOUNT. M Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-029 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. ) (***2705) (****00) 1. STAN ZEMANSKY ADDRESSED THE BOARD REGARDING THE PROPOSED NEW FUNDING FOR LAFCO. 2. MAT LAKOTA ADDRESSED THE BOARD REGARDING RECENT IMPROVEMENTS TO COUNTY BUILDINGS THAT STILL DO NOT ADDRESS AMERICANS WITH DISABILITIES ACT REQUIREMENTS. Page 41 January 23, 2001 January 23, 2001 Communications O1-030 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 rate increases, effective February 1, 2001, for the communities of Oroville, Gridley, Paradise, Biggs, and Colusa. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 2:47 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD ON TUESDAY, FEBRUARY 13, 2001, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 42 January 23, 2001