HomeMy WebLinkAboutM020999BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Heeler. Houx, Josiassen, Davis, and Chair
Dolan. Also present: John S. Blacklock, Chief Administrative
Officer; Neil McCabe, Assistant County Counsel; and Marion
Reeves, Assistant Clerk of the Berard.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Father Troy Powers, St. Thomas the Apostle
Catholic Church, Oroville.
99-29 1. Approval of Minutes - action requested - APPROVE MINUTES
OF JANUARY 2b, 1999.
2. Budget Transfers - action requested - APPROVE
BUDGET TRANSFERS B-151 (District Attorney); AND B-155
{workers' Compensation Self-Insurance). (4/5 vote
required for all budget transfers listed above)
3. County Library Donations - in accordance with Government
Code Section 25355, a donation of $9$0 from Friends of
the Library, Paradise, has been received for the Butte
County Trust Fund for the purchase of books - action
requested -- ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
4. Durham Branch Library - in accordance with Government
Code Section 25355, a donation of $727 has been received
from the Durham Friends of the Library to support an
Extra Help position at the Durham Branch Library -
action requested - APPROVE BUDGET TRANSFER B-151
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE {4/5
vote required); AND APPROVE A LETTER OF APPRECIATION AND
AUTHORIZE THE CHAIR TO SIGN.
Page 30 February 9, 1999
99-29
5. Bangor Volunteer Fire Company - the Bangor Volunteer
Fire Company 55 has donated a 1999 Ford F-550 four-wheel
drive cab and chassis, valued at $32,333.19, to the
County as part of a cost share program to build a new
squad for the Company 55 Bangor Station - action
requested - ACCEPT DONATION; APPROVE BUDGET TRANSFER B-
158; AUTHORIZE THE BUILD-UP TO BE PLACED ON THE CHASSIS;
AND AUTHORIZE A LETTER OF APPRECIATION TO THE BANGOR
VOLUNTEER FIRE DEPARTMENT.
6. Butte County Behavioral Health Board - action
requested - REAPPOINT ROBERT J. DIONNE, M.D.
(PROFESSIONAL) TO A VACATED TERM TO END
DECEMBER 31, 2000.
7. Board of Appeals for Disabled Access - action
requested - REAPPOINT ROCKY BURKS (PUBLIC MEMBER);
HOWARD RIPLEY (DISABLED MEMBER); TOM EDGAR (DISABLED
MEMBER); STEVE GILMORE (CONSTRUCTION MEMBER); AND DENNIS
MORLAND (CONSTRUCTION MEMBER) TO TERMS TO END
JANUARY 18, 2001.
$. Bicycle Advisory Committee - action requested -
REAPPOINT NORA TODENHAGEN TO A TERM TO END
JANUARY 1, 2002.
9. Certificate of Williamson Act expiration - notice of
nonrenewal has been given as provided in Government Code
Section 51245 for Katherine I. McEnespy, on behalf of
the estate of Darrell C. McEnespy, APN 011-280-017, 011-
280-085, 051-210-016 and 051-210-017 - action
requested - APPROVE CERTIFICATE OF WILLIAMSON ACT
EXPIRATION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
THE CLERK TO RECORD THE CERTIFICATE OF EXPIRATION.
10. Durham Green Planned Unit Development Subdivision,
Phase 2 - Final Map - the developer has provided a
maintenance bond to guarantee maintenance of the
facilities for a period of one year on APN 040-180-057
and 058; 13 lots plus common area, on property located
on the north side of Durham Dayton Highway approximately
900 feet east of Jones Avenue, Durham area - action
requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS
GRANTED IN ITEM 2 OF THE OWNER'S STATEMENT ON BEHALF OF
THE PUBLIC; ACCEPT EASEMENTS AS OFFERED IN ITEMS 5 AND
6 OF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES
NAMED; ACCEPT RELINQUISHI~NT OF ABUTTERS RIGHTS AS SHOWN
ON THE ANNEXED MAP AND OFFERED FOR DEDICATION TO THE
COUNTY OF BUTTE IN ITEM 1 OF THE OWNER'S STATEMENT; AND
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
Page 31 February 9, 1999
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99-29 11. Public Works Department - Board authorization is
requested for the sole source purchase of a Berkeley
Model T2B8GRMBM Tracto-Flood pump for use by County
Service Area 24 (Chico Mud Creek Drainage) in the
estimated amount of $7,976.79 (CSA 24 undesignated fund
balance) - action requested - APPROVE BUDGET TRANSFER
B-162 AND APPROVE 'T'HE SOLE SOURCE PURCHASE OF A FIXED
ASSET ITEM.
12. Consideration of the surplus and acquisition of a fixed
wing aircraft for the Sheriffs Office - Board approval
is requested by the Sheriff's Office for the surplus of
a Cessna T210M Fixed Wing Aircraft and the purchase of
a used Cessna 172/182 Fixed Wing Aircraft (Sheriff's
Helicopter Maintenance Trust Fund Account) - action
requested - AUTHORIZE THE SURPLUS OF A FIXED ASSET ITEM
AND THE PURCHASE OF A FIXED ASSET ITEM.
13. Monthly Investment Report - the Treasurer-Tax
Collector submits the December 31, 1998, report in
accordance with the Butte County Statement of Investment
Policy dated July 1, 1998 - action requested - ACCEPT
FOR INFORMATION.
14. Child Welfare Augmentation Funds - the Department of
Social Welfare is requesting the Board accept $60,000 in
unanticipated Child Welfare Services augmentation funds
and appropriate the expenditure of those funds to
provide additional services to clients - action
requested - APPROVE BUDGET TRANSFER B-159 ACCEPTING AND
APPROPRIATING $52,500 IN UNANTICIPATED STATE REVENUE AND
$7,500 IN UNANTICIPATED FEDERAL REVENUE. (4/5 vote
required)
15. Adoption of a salary ordinance amendment - Bureau of
Justice Assistance Grant - ReVia Project - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment which
would add one Probation Officer position in support of
the ReVia Project Grant - action requested - ADOPT
ORDINANCE 3483 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
1-26-99)
16. Adoption of a salary ordinance amendment - State
Department of Health Services - Hepatitis A Prevention
Agreement - the Public Health Department has requested
the Personnel Department prepare a salary ordinance
amendment which would add a term Office Assistant
III/II/I position (term to end 12-31-99) in support of
the Hepatitis A prevention program - action requested -
ADOPT ORDINANCE 3484 AND AUTHORIZE THE CHAIR TO SIGN.
{FROM 1-26-99)
Page 32 February 9, 1999
99-29 17. Introduction of a salary ordinance amendment - the
Personnel Department has prepared a salary ordinance .__,
amendment which implements changes recommended in the
fiscal year 1998-1999 final budget as follows: adds one
position of Legal Secretary II/I to the District
Attorney - Criminal Division budget, and one position of
Correctional Officer to the Sheriff-Coroner -
Corrections budget - action requested - WAIVE READING OF
THE ORDINANCE.
18. Introduction of a salary ordinance amendment - the
Personnel Department has prepared a salary ordinance
amendment which adds one term half-time flexibly
staffed position of Office Assistant III/II/I - Legal
Typist Clerk (term to end 12-31-00) to the District
Attorney - Criminal Division budget in support of drug
court and domestic violence activities as approved by
the Board on January 12, 1999 - action requested - WAIVE
READING OF THE ORDINANCE.
19. Introduction of a salary ordinance amendment - the
Personnel Department has prepared a salary ordinance
amendment which proposes a modification to the
compensation rate for the Assistant Chief Probation
Officer from the current range of $3,821 - $4,644
(monthly equivalent) to a new range of $4,165 - $5,062
(monthly equivalent) - action requested - WAIVE READING '-'
OF THE ORDINANCE.
20. Introduction of a salary ordinance amendment - the
Department of Behavioral Health has requested the
Personnel Department prepare a salary ordinance
amendment which adds one term position of Health
Education Specialist II/I (term to end 6-30-99).
Funding for this position is available through Family
Preservation and Support funds, California Department of
Community Services and Development Mentoring funds, and
California Department of Alcohol and Drug Programs
Mentor Initiative Grant funds - action requested - WAIVE
READING OF THE ORDINANCE.
21. Introduction of a salary ordinance amendment - the
Personnel Department has prepared a salary ordinance
amendment which incorporates changes recommended in
response to a classification study conducted by D.M.
Griffith. The proposed ordinance reticles the following
positions: Mental Health Counselor I to Mental Health
Worker; Mental Health Counselor II to Mental Health
Counselor; Mental Health Counselor III to Senior Mental
Health Counselor; Program Manager-Mental Health to
Clinical Program Manager; Program Manager-Mental Health
Community Services to Program Manager-Community
Services; and Program Manager-Staff Services to Program
Manager-Community Services - action requested - WAIVE
READING OF THH ORDINANCE.
Page 33 February 9, 1999
Februarv_9, 1999
99-29 22. Resolution Establishing an Orderly System for
Destruction of Records of the Chief Administrative
Officer/County Administrative Office and General
Services Administration/Risk Management - Board approval
is requested for resolutions which would create a
retention schedule for the Chief Administrative
Officer/County Administrative Office and General
Services Administration/Risk Management. County Counsel
has reviewed these resolutions and concurs with their
adoption by the Board - action requested - ADOPT
RESOLUTIONS 99-17 AND 99-18 AND AUTHORIZE THE CHAIR TO
SIGN.
23. Revised Resolution Authorizing Submittal of the Butte
County Regional Household Hazardous Waste Grant
Application, Seventh Cycle - the Public Works Department
submits a revised resolution for the purpose of applying
for a Regional Household Hazardous Waste Grant from the
California Integrated Waste Management Board. The
revised resolution eliminates the City of Chico as a
joint participant because the letter needed from the
City of Chico authorizing the County to act as lead
applicant was received after the submittal deadline -
action requested - ADOPT RESOLUTION 99-19 AND AUTHORIZE
THE CHAIR TO SIGN.
24. Resolution Designating the Northern California Council
for the Arts as Butte County's Arts Council - action
requested - ADOPT RESOLUTION 99-24 AND AUTHORIZE THE
CHAIR TO SIGN,
25. Resolution Renaming the Children's Trust Fund to the
Frank Watters Memorial Children's Trust Fund - action
requested - ADOPT RESOLUTION 99-21 AND AUTHORIZE THE
CHAIR TO SIGN.
26. Resolution to Designate Butte County Department of
Social Welfare as the Local Public Agency Lead Applicant
and Administrator for the Answers Benefitting Children
(ABC} Program - the Director of the Department of Social
Welfare (DSW) is requesting the Board designate the DSW
as the local public agency lead applicant for the ABC
Request far Proposal and adopt a resolution to designate
the DSW as the agency responsible far administering the
ABC program in the event the program is funded - action
requested - DESIGNATE THE DEPARTMENT OF SOCIAL WELFARE
AS THE LEAD PUBLIC AGENCY IN THE APPLICATION FOR FUNDING
OF THE ANSWERS BENEFITING CHILDREN JOINT REQUEST FOR
PROPOSAL; AND ADOPT RESOLUTION 99-22 AND AUTHORIZE THE
CHAIR TO SIGN.
Page 34 February 9, 1999
l' ~4
99-29 27. State of California, Governor's Office of Emergency
Services Assistance Agreement - the General Services .,__~
Director is requesting Board approval of a revenue
agreement with the State Office of Emergency Services
which will provide funding in the amount of $37,544 to
offset expenses incurred by Butte County Emergency
Services. The term of the agreement is October 1, 1998,
through September 30, 1999 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (CONTRACT
N0. R40123)
28. Telecom Networking Systems, Inc. - the Director of
Information Systems is requesting Board approval of an
agreement with Telecom Networking Systems, Inc., for the
installation and testing of CAT 5 and Fiber Optic cable
for the Sheriff's new jail management computer system.
The agreement covers a three mpnth period and has a
maximum amount of $28,610 (department budget} - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
29. Private Industry Council - Job Training Partnership Act
(JTPA) Title IIA/C - 8~/50~ Cooperative Agreement -
proposed is an agreement with the California Department
of Education to receive 50~ of an 8~ set-aside of JTPA
grant funds to provide vocational and remedial training '~"""
and education to Temporary Assistance to Needy Families
(TANF) recipients - APPROVE COOPERATIVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
30. Northwest Society for the Prevention of Cruelty to
Animals (SPCA} - Memorandum of Understanding (MOU)
Amendment - the Public Health Department is requesting
Board approval of an amendment to the MOU with Northwest
SPCA which sets forth the protocol in situations where
administrative hearings are conducted to determine the
disposition of animals. The term of the MOU is
January 24, 1999, through January 23, 2000 - action
requested - APPROVE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIR TO SIGN.
31. A/C Industrial Services of Chico - Board approval is
requested by the Public Works Department for an
agreement with A/C Industrial Services of Chico for the
provision of pumping and transportation services of
septage supernatant from Neal Road Septage Pond No. 2.
The agreement, in an amount not to exceed $62,400, will
be funded utilizing Federal Emergency Management Agency
funds approved for this activity - action requested -
APPROVE BUDGET TRANSFER B-160; AND APPROVE LETTER
PROPOSAL AND CONTRACT AGREEMENT AND AUTHORIZE THE ~
DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 35 February 9, 1999
~~'~~5:
99-29 32. Traffic Control Signal and Safety Lighting on State
Route 99 at Southgate/Entler Avenue - proposed is a
revised Cooperative Agreement with the State of
California Department of Transportation, City of Chico,
and County of Butte for the installation of a traffic
control signal. The amendment provides for changes in
the funding procedure by requiring the County to advance
its share of the cost ($75,000) and to be reimbursed
when the federal funding becomes available. All other
terms and conditions of the agreement remain the same -
action requested - ADOPT RESOLUTION 99-23 AND AUTHORIZE
THE CHAIR TO SIGN; AND APPROVE AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
33. Neal Road Landfill Company - Hazardous Waste Control
Program - Board approval is requested by the Department
of Public Works for an agreement with the Neal Road
Landfill Company for services to implement the Hazardous
Waste Control Program. The agreement, in an amount not
to exceed $2$,209 (Neal Road Management Fund), covers a
program designed to discover and discourage attempts to
dispose of prohibited or hazardous waste at the
landfill - action requested - APPROVE LETTER PROPOSAL
AND CONTRACTING AGREEMENT AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO SIGN SUBJECT Tp APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
34. Metcalf & Eddy - Neal Road Landfill - Board approval is
requested by the Aepartment of Public Works for an
agreement with Metcalf & Eddy for the provision of
ground water quality monitoring services at the Neal
Road Landfill as required by the Central Valley Regional
Water Quality Control Board. The proposed agreement
would extend the services provided by Metcalf & Eddy for
an additional year at a cost not to exceed $56,190 {Neal
Raad Septage Fund 758) - action requested - APPROVE
LETTER PROPOSAL AND CONTRACTING AGREEMENT AND AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. {Contract No.
X11153)
Page 36 February 9, 1999
~,.. ,
99-29
MOTION:
VOTE:
35. Valley Oak Children's Services - Stage Two Child Care -
Board approval is requested by the Department of Social
Welfare for an agreement with Valley Oak Children's
Services for the provision of administrative child care
services far children eligible for Ca1WORKs Stage Two
child care. The term of the agreement is
January 1, 1999, through June 30, 1999, in an amount not
to exceed $2,071,278. Unanticipated Ca1WORKs revenue in
the amount of $2,071,278 has been received to cover the
cost of the agreement - action requested - APPROVE
BUDGET TRANSFER B-157 ACCEPTING AND APPROPRIATING
UNANTICIPATED CALWORKS REVENUE; AND APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
36. Advancement within a salary range - Sheriff's
Office - pursuant to Personnel Rule 12.13, Board
approval is requested to appoint a Correctional
Technician to step 5 of the salary range - action
requested - APPROVE STEP ADVANCEMENT.
37. Butte County Emergency Medical Care Committee - Annual
Report - action requested - ACCEPT FOR INFORMATION.
38. Introduction of a salary ordinance amendment - the Board
of Supervisors has requested the Personnel Department
prepare a salary ordinance amendment which would add one
limited term position of Supervisor's Administrative
Assistant or Supervisor`s Clerical Aide (term to end no
later than 6-30-99) in response to an extended medical
leave of absence - action requested - WAIVE READING OF
THE ORDINANCE.
39. Rock Creek/Keefer Slough Flood Control Project -
Contribution Agreement - the Public Works Department is
requesting Board approval of a cost share agreement with
CalTrans, in an amount not to exceed $100,000, for a
Feasibility Study for the Rock Creek/Keefer Slough Flood
Control Project - action requested - THANK CALTRANS FOR
THEIR SUPPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (121)
I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
S M
1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried?
DON TURKO, PERSONNEL DIRECTOR, INTRODUCES THE NEW ASSISTANT
DIRECTOR OF PERSONNEL, JEANNE GRAVET.
PRESENTATION TO MARY WATTERS BY CHAIR DOLAN OF A RESOLUTION
RENAMING THE CHILDREN'S TRUST FUND OF BUTTE COUNTY TO THE
FRANK WATTERS MEMORIAL CHILDREN'S TRUST FUND.
Page 37
February 9, 1999
99-30
Appointments - Commissions and Committees (324}
A. Appointments to committee vacancies.
B. Supervisor Representative - Butte County 4-H
Presentation Day.
C. Regional Council of Rural Counties (RCRC} - action
requested:
1. CONFIRM/APPOINT DELEGATE AND ALTERNATE TO SERVE ON
THE RCRC BOARD OF DIRECTORS; AND
2. APPOINT BOARD MEMBER AND ALTERNATE BOARD MEMBER TO
SERVE ON THE GOVERNING BOARDS FOR THE RESPECTIVE
JPAs: CALIFORNIA RURAL HOME MORTGAGE FINANCE
AUTHORITY; ENVIRONMENTAL SERVICES JOINT POWERS
AUTHORITY; AND CALIFORNIA LOCAL GOVERNMENT FINANCE
AUTHORITY.
MOTION: I MOVE TO REAPPOINT J. MICHAEL HUTTON AND CORDON ANDOE TO THE
OROVILLE CEMETERY DISTRICT TO TERMS TO END JANUARY 1, 2003,
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
SUPERVISORS JOSIASSEN AND BEELER VOLUNTEERED TO ATTEND THE
BUTTE COUNTY 4-H PRESENTATION DAY.
MOTION: I MOVE TO APPOINT SUPERVISOR BEELER, DELEGATE, AND SUPERVISOR
JOSIASSEN, ALTERNATE, TO THE REGIONAL COUNCIL OF RURAL
COUNTIES BOARD OF DIRECTORS AND THE RESPECTIVE JPAs.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
99-31 UPDATE ON LEGISLATIVE AND BUDGET ACTIVITIES. (438} JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, ADDRESSES POINTS IN
A LEGISLATIVE ANALYST`S REPORT WHICH WAS FORWARDED TO THE
BOARD ENTITLED "SHIFTING GEARS, RETHINKING PROPERTY TAX SHIFT
RELIEF". THE REPORT HAS SIGNIFICANCE TO THE COUNTY BECAUSE OF
ITS METHOD IN DETERMINING HOW PROPERTY TAX RELIEF WILL OCCUR
AND WHERE THAT METHOD PLACES BUTTE COUNTY IN TERMS OF DOLLARS
RETURNED. MR. BLACKLOCK STATED THAT WHILE RETURN OF PROPERTY
TAX SHIFT IS A VERY IMPORTANT ISSUE, BUTTE COUNTY NEEDS TO BE
CAREFUL OF WHAT FORM OF PROPERTY TAX RETURN IS SUPPORTED.
BOARD DIRECTION THAT A LETTER BE WRITTEN TO THE STATE AND
LEGISLATORS IN ALL OTHER CALIFORNIA COUNTIES EXPRESSING BUTTE
COUNTY'S POSITION AND CONCERNS WITH REGARDS TO THE DIFFERENT
METHODS OF DETERMINING HOW TO PROVIDE PROPERTY TAX SHIFT
RELIEF AND THE COUNTY`S OVERALL POSITION ON THE NEED FOR
FISCAL RELIEF.
SUSAN MINASIAN, COUNTY COUNSEL, PRESENT.
Page 38 February 9, 1999
99-32 Midyear Budget Report and Two-Year Fiscal Forecast - action
requested - ACCEPT FOR INFORMATION. (632)
PRESENTATION TO THE BOARD BY CHIEF ADMINISTRATIVE OFFICE STAFF
AND AUDITOR-CONTROLLER STAFF.
99-33 Automatic Aid Agreement - City of Chico/County of Butte -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (1818)
ITEM REMOVED FROM AGENDA, NO ACTION TAKEN. THIS ITEM TO $E
CONSIDERED AT THE BOARD OF SUPERVISORS MEETING OF
FEBRUARY 23, 1999.
RECESS: 10:01 A.M.
RECONVENE: 10:12 A.M.
Public Hearincr and Timed, ,,~„r ems
99-34 Public Hearing - Dee Schuller - Use Permit -- consideration of
an appeal of the Planning Commission's approval of a Use
Permit for a dog kennel for up to 25 dogs on property zoned A-
20 (Agriculture-20 acre parcels) located on the west side of
Orchard Blossom Lane, approximately 'h mile north of Nord
Highway at 13213 Orchard Blossom Lane on property identified
as APN 006-010-105, northwest of Chico - action requested -
SUBJECT TO ENVIRONMENTAL FINDINGS (A-C) AND ZONING ORDINANCE
FINDING (A) AS DETAILED TN THE STAFF REPORT DATED
FEBRUARY 9, 1999, STAFF RECOMMENDS THE BOARD DENY THE APPEAL
AND GRANT USE PERMIT 99-06 SUBJECT TO THE CONDITIONS CONTAINED
IN EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 9, 1999.
(1877)(**00)
PUBLIC HEARING OPENED AT 10:15 A.M.
PUBLIC HEARING CLOSED AT 10:45 A.M.
MOTION: SUBJECT TO THE FINDING THAT THE USE IS NOT APPROPRIATE TO THE
ZONE, I MOVE TO UPHOLD THE APPEAL AND DENY THE USE PERMIT.
5 M
VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Failed to Carry}
MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS (A-C) AND ZONING ORDINANCE
FINDING (A) AS DETAILED TN THE STAFF REPORT DATED
FEBRUARY 9, 1999, I MOVE TO DENY THE APPEAL AND GRANT USE
PERMIT 99-06 SUBJECT TO THE AMENDED CONDITIONS CONTAINED IN
EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 9, 1999, AS
FOLLOWS: PLANNING DEPARTMENT CONDITION OF APPROVAL NUMBER 3 IS
AMENDED TO READ: THE TOTAL NUMBER OF DOGS SHALL NOT EXCEED 25
DDGS {INCLUDING PUPPIES UNDER 4 MONTHS OF AGE}; 20 KENNEL
ANIMALS, LIMITED TO THE GERMAN SHEPARD BREED ONLY; AND 5
PERSONAL DOGS OF ANY BREED.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried}
Page 39 February 9, 1999
Februarv_9, 1999
99-35 Public Hearing - Sawgrass Investors - Tentative Subdivision
Map - consideration of an appeal of the Development Review
Committee's denial of a tentative subdivision map {item on
which a negative declaration with mitigation measures
regarding environmental impacts has been recommended) to
create a 5 lot subdivision on 53.2 acres located on the west
side of Dayton Road, approximately 500 feet north of Marian
Avenue, on property zoned A-10 (Agricultural-10 acre parcels)
and identified as APN 039090-042, Chico - action requested -
SUBJECT TO SUBDIVISION MAP ACT FINDINGS (A [1-3]) AS DETAILED
IN THE STAFF REPORT DATED FEBRUARY 9, 1999, STAFF RECOMMENDS
THE BOARD DENY THE APPEAL AND DENY THE TENTATIVE SUBDIVISION
MAP (STAFF REPORT DATED FEBRUARY 9, 1999). {**685)
PUBLIC HEARING OPENED AT 11:14 A.M.
PUBLIC HEARING CLOSED AT 11:38 A.M.
MOTION: SUBJECT TO SUBDIVISION MAP ACT FINDINGS (A [1-3]) AS DETAILED
IN THE STAFF REPORT DATED FEBRUARY 9, 1999, I MOVE TO DENY THE
APPEAL AND DENY THE TENTATIVE SUBDIVISION MAP FOR SAWGRASS
INVESTORS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
99-35 Continued Public Hearing -- Bob Cameron - Rezone Application -
consideration of the Planning Commission's denial of a rezone
application (item on which a negative declaration with
mitigation measures regarding environmental impacts has been
recommended) to rezone four parcels totaling 84 acres from "U"
(Unclassified) to FR-10 (Foothill Recreational-10 acre
parcels} on property located on both sides of Ratchel Mountain
Road, at 40 Ratchel Mountain Road, and on the north side of
George Cameron Road, at 72 George Cameron Road in the Berry
Creek area - action requested - STAFF RECOMMENDS THE BOARD
UPHOLD THE PLANNING COMMISSION'S DENIAL OF THE REZONE. (FROM
1-25-99)f**1680)(***00)
CONTINUED PUBLIC HEARING CONVENED AT 11:45 A.M.
PUBLIC HEARING CONTINUED OPEN FOR 10 MINUTES.
Regular Agenda
99-37 Request for Policy Interpretation of Quasi-Public Uses -
action requested - STAFF RECOMMENDS THE BOARD DETERMINE THAT
SERVICES PROVIDED BY FIRST RESPONDER ARE QUASI-PUBLIC AND FALL
WITHIN THE DEFINITION OF QUASI-PUBLIC USES UNDER SECTION
24-305-450 OF THE BUTTE COUNTY ZONING ORDINANCE. (***402)
MOTION: I MOVE TO DETERMINE THAT SERVICES PROVIDED BY FIRST RESPONDER
ARE QUASI-PUBLIC AND FALL WITHIN THE DEFINITION OF QUASI-
PUBLIC USES UNDER SECTION 24-305-450 OF THE BUTTE COUNTY
ZONING ORDINANCE WITH THE CONDITION THAT THE DEVELOPMENT OF
THIS PROJECT BE SUBJECT TO A USE PERMIT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 40 February 9, 1999
t~ a ~,.:,1?~rt;~mR'dJ:'yaEll~i~:;
Recessed at 12:29 p.m. as Board of Supervisors and convened as the Butte ~^
County Public Facilities Financing Corporation Board of Directors.
(***525)
99-38
A. Approval of Minutes - action requested - APPROVE MINUTES
OF FEBRUARY 10, 1998.
MOTION: I MOVE TO APPROVE THE MINUTES OF FEBRUARY 10, 1998.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
B. Project Status Report - Butte County Courthouse
Construction Project - action requested - ACCEPT FOR
INFORMATION.
C. Appointment of New Officers - President: Chair Dolan;
Vice President: Supervisor Davis; Secretary/Treasurer:
Dick Puelicher, Treasurer-Tax Collector; Lessee
Representative: Karen White.
MOTION: I MOVE TO APPOINT CHAIR DOLAN AS PRESIDENT; SUPERVISOR DAVIS
AS VICE-PRESIDENT; DICK PUELICHER AS SECRETARY/TREASURER; AND
KAREN WHITE AS LESSEE REPRESENTATIVE.
M S ...~,
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
D. Public Comment (None)
E. Other Business (None)
Adjourned at 12:30 p.m. as the Butte County Public Facilities Financing
Corporation Board of Directors and reconvened as the Butte County Board
of Supervisors.
Page 41 February 9, 1999
99-39 Continued Public Hearing - Bob Cameron - Rezone Application -
consideration of the Planning Commission's denial of a rezone
application (item on which a negative declaration with
mitigation measures regarding environmental impacts has been
recommended} to rezone four parcels totaling 84 acres from "U"
(Unclassified) to FR-10 {Foothill Recreational-10 acre
parcels) on property located on both sides of Ratchel Mountain
Road, at 40 Ratchel Mountain Road, and on the north side of
George Cameron Road, at 72 George Cameron Raad in the Berry
Creek area - action requested - STAFF RECOMMENDS THE BOARD
UPHOLD THE PLANNING COMMISSION'S DENIAL OF THE REZONE, (FROM
1-26-99)(***593)
PUBLIC HEARING RECONVENED AT 12:31 P.M.
PUBLIC HEARING CLOSED AT 12:32 P.M.
MOTION: SUBJECT TO THE FINDING THAT THERE WAS NOT ENOUGH SCIENTIFIC
INFORMATION/DATA PRESENTED TO SUPPORT THE DEPARTMENT OF FISH
AND GAME'S POSITION THAT THE REZONE WILL CAUSE A SIGNIFICANT
IMPACT ON THE MIGRATORY DEER IN THE AREA, AND THE FINDING THAT
THE FROPOSED REZONE IS CONSISTENT WITH THE BUTTE COUNTY
GENERAL PLAN, I MOVE TO REZONE A 30+/- ACRE PARCEL IDENTIFIED
AS APN 061-490-024 FROM "U" UNCLASSIFIED TO FR-10 (FOOTHILL
RECREATIONAL-10 ACRE PARCELS).
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y {Motion Carried)
99-40 Great Valley Center - consideration of a grant application -
action requested -- ADOPT A RESOLUTION APPROVING THE GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO SIGN DOCUMENTS RELATED TO THE
GRANT. (***851)
MOTION: I MOVE TO ADOPT RESOLUTION 99-24 APPROVING THE GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO SIGN DOCUMENTS RELATED TO THE
GRANT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-41 Items removed from the Consent Agenda for Board consideration
and action. (NONE)
Page 42 February 9, 1999
.. 'ii~,~.Ka.'~''
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99-42 Public Comment (PRESENTATI.ONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
FROM TAKING ACTION ON ANY ITEM IF IT IS NOT LISTED ON THE
AGENDA.)(***1279)
1. Mike Madden, Butte County Emergency Services Director,
addresses current weather conditions in the County and
informs the Board that at this time no significant
flooding has occurred and most County roads have
remained opened.
99-43 Consideration of the addition of a closed session item to the
agenda: conference with legal counsel regarding actual
litigation pursuant to Government Code Section 54956.9(a) -
Cofer v. County of Butte.
MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2),
THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION ON THE ITEM
PRESENTED AND THAT THE NEED F'OR ACTION CAME TO THE ATTENTION
OF THE BOARD SUBSEQUENT TO THE AGENDA BEING POSTED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried-
99-44 Items removed from the Closed Session Agenda: Public Employee
Performance Evaluation pursuant to Government Code Section
54957: Agricultural Commissioner.
99-45 CLOSED SESSION: The Board recessed at 22:56 p.m. to a
closed session conference with legal
counsel regarding actual litigation
pursuant to Government Code Section
54956.9(a): 1. Cofer v. County of
Butte; significant exposure to
litigation pursuant to Government Code
Section 54956.9(b){1): one potential
case; and conference with labor
negotiator pursuant to Government Code
Section 54957.6: Agency Negotiator:
Don Turko; Employee Organizations:
Communications Workers of America,
Butte County Management Employees
Association, and Butte County Employees
Association. (***1407)
Page 43 February 9, 1999
RECONVENE: The Board reconvened at 1:59 p.m. from
a closed session conference with legal
counsel regarding actual litigation
pursuant to Government Cade Section
54956.9{a): 1. Cofer v. County of
Butte; significant exposure to
litigation pursuant to Government Code
Section 54956.9{b)(1): one potential
case; and conference with labor
negotiator pursuant to Government Code
Section 54957.6: Agency Negotiator:
Don Turko; Employee Organizations:
Communications Workers of America,
Butte County Management Employees
Association, and Butte County Employees
Association. (NO ANNOUNCEMENTS)
Communications
99-46 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. Mark Lundberg, M.D., M.P.H., Butte County Health
.! Officer, writes to inform the Board that the Emergency
Medical Care Committee supports First Responder
Emergency Medical services in their efforts to establish
an advanced life support station above the Magalia Dam
in the Paradise Pines.
B. Sean M. Hogue, California Regional Manager, Chambers
Cable, writes to inform the Board of technical and
programming enhancements in the Butte County area which
are scheduled to be implemented throughout March and
April, as well as a rate increase for basic service from
$27.46 to $27.95 plus franchise and FCC fee.
C. Stephen L. Kashiwada, Acting Director, State of
California, Department of Water Resources, writes to
inform the Board that the Department of Water Resources
is offering the opportunity to sell allocated 1999
entitlement water through two turn-back water pools to
interested contractors who have signed the Monterey
Amendment. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER,
COUNTY COUNSEL, AND AGRICULTURAL COMMISSIONER-WATER
DIVISION [1-25-99])
D. Dan Keppen, Member and Government Relations, Northern
California Water Association, writes to the Chief
Administrative Officer to provide an update on
settlement discussions between Feather River Diverters
and the Department of Water Resources. (REFERRED TO
AGRICULTURAL COMMISSIONER-WATER DIVISION AND COUNTY
COUNSEL [1-25-99])
Page 44 February 9, 1999
r.. rT9..,,.w<r~!Bq.~R~Fpiysfiq
99-46 E. Fran Roudebush, Supervisor, District 1, Plumas County,
writes to the Board on behalf of the Quincy Library
Group to request a financial contribution of $5,000 to
help ensure successful implementation of the Quincy
Library Group Forest Recovery Act.
F. Tim Leslie, Senator, First District, State of
California, writes to invite the Board to a Community
Leaders Forum to discuss what the State can do to
support local priorities and promote economic health in
Northern California. The forum will be held in Oroville
on Wednesday, February 10, 1999, 10:00 to 11:30 a.m., in
the Board of Supervisors Room, County Administration
Bua`lding .
G. Joanne Sturges, Executive Officer, County of Los
Angeles, writes to inform the Berard that the Los Angeles
County Board of Supervisors sent a letter to Governor
Davis requesting he work with Los Angeles County and the
other 57 counties in the State to achieve an equitable
solution on how best to utilize funds for local law
enforcement.
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 1:59 p.m.
to reconvene on Tuesday, February 23, 1999,
at 9:00 a.m.
;..
JANE DOLAN, Chair
ATTEST : ~_-
John S. Blacklock, Chief Administrative Officer
and Clerk of the rd of Supervisors
b ~~~'
Page 45 February 9, 1949