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HomeMy WebLinkAboutM031400BOARD 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 March 14, 2000 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also present: John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel, and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor Ray DeLoe, First Christian Church, Gridley. 00-72 Items removed from the Consent Agenda for Board consideration and action. 1. Larkspur Avenue - Right-of-way Abandonment and Sale - Board approval is requested by the Public works Department for a summary abandonment of the Larkspur Avenue right-of-way, from River Road easterly to its end. The Public works Department has determined that public use of the right-of-way is not necessary and abandonment and sale of the property can proceed - action requested - ADOPT RESOLUTION APPROVING SUMMARY ABANDONMENT; APPROVE AGREEMENT FOR SALE OF SURPLUS PROPERTY IN A PUBLIC RIGHT- OF-wAY; APPROVE QUITCLAIM DEED; AND AUTHORIZE THE CHAIR TO SIGN ALL NECESSARY DOCUMENTS. 2. Document Reproduction Charges - Report to the Board - report on fees charged by County departments for the reproduction of documents and selected services - action requested - ACCEPT FOR INFORMATION. (FROM 2-8-00 [4.05]) Page 67 March 14, 2000 March 14, 2000 Consent Agenda 00-73 1. Approval of Minutes - action requested - APPROVE MINUTES OF FEBRUARY 22, 2000. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-223 (WORKERS' COMPENSATION SELF INSURANCE RESERVE FUND); B-227 (APPROPRIATION FOR CONTINGENCIES/ BOARD OF SUPERVISORS); AND B-225 (DEVELOPMENT SERVICES). (All budget transfers listed above require a 4/5 vote.) 3. County Library Donations - in accordance with Government Code Section 25355, donations of $1,645 from Chico Friends of the Library, $500 from Chico Eagles Auxiliary #218, and $100 from Maxine Davis of Paradise, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Land Conservation Act Inclusion - on February 11, 2000, the Land Conservation Act Advisory Committee unanimously voted to recommend the following application for inclusion into a Land Conservation Act agreement: Ajit S. Bains and Karmdeep S. Bains, 357 acres - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 5. Parcel C of Crestmoor Estates Subdivision Unit No. 2 - Right-of-way Abandonment and Sale - Board approval is requested by the Public works Department for a summary abandonment of Parcel C of the Crestmoor Estates Subdivision Unit No. 2. The Public works Department has determined that public use of Parcel C is not necessary and abandonment and sale of the property can proceed - action requested - ADOPT RESOLUTION 00-31 APPROVING SUMMARY ABANDONMENT; APPROVE AGREEMENT FOR SALE OF SURPLUS PROPERTY IN A PUBLIC RIGHT-OF-WAY; APPROVE QUITCLAIM DEED; AND AUTHORIZE THE CHAIR TO SIGN ALL NECESSARY DOCUMENTS. 6. Card Catalog Cabinets - Board approval is requested by the Director of Libraries to declare surplus four Worden card catalog cabinets (Asset Nos. 17975 - 17978) which are no longer utilized due to automation of the card catalog system - action requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE THE PURCHASING AGENT TO DISPOSE OF IN ACCORDANCE WITH COUNTY POLICY. Page 68 March 14, 2000 March 14, 2000 00-73 7. Property Tax Sale - Board approval is requested by the Treasurer-Tax Collector for authorization to sell tax- defaulted property in accordance with California Revenue and Taxation Code Section 3698. The sale, by public auction, will take place Wednesday, June 28, 2000, in the Board of Supervisors Room - action requested - APPROVE REQUEST TO SELL TAX-DEFAULTED PROPERTY AND AUTHORIZE THE CHAIR TO SIGN. 8. Reissue Time Expired warrant - Board approval is requested by the Administrative Office, on behalf of Lucinda Farrell, to reissue time expired warrant 1505- 367406, in the amount of $22.65, and dated October 15, 1997. The Auditor-Controller has verified that the warrant is time expired and has not been reissued. The original warrant is in the possession of the County - action requested - DIRECT AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED WARRANT. 9. Monthly Investment Report - the Treasurer-Tax Collector submits the February 29, 2000, report in accordance with the Butte County Statement of Investment Policy dated July 1, 1999 - action requested - ACCEPT FOR INFORMATION. 10. Adoption of a Salary Ordinance Amendment - the District Attorney - Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which adds two positions of Administrative Services Assistant, and five positions of Supervising Family Support Case Manager to the Family Support Division in response to additional funding received from the State - action requested - ADOPT ORDINANCE 3587 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-22-00 [3.21] ) 11. Adoption of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which reclassifies the following positions in response to a classification study: one position of Supervising Family Support Case Manager to Supervisor-Family Support Services, one position of Legal Secretary II to Supervising Family Support Case Manager, one position of Auditor-Accountant I to Supervising Family Support Case Manager, one position of Senior Account Clerk to Auditor- Accountant I, one position of Senior Account Clerk to Accounting Specialist, and 13 positions of Senior Account Clerk to Family Support Case Manager I - action requested - ADOPT ORDINANCE 3588 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-22-00 [3.22]) Page 69 March 14, 2000 March 14, 2000 00-73 12. Adoption of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which deletes 56 positions of Eligibility Technician II and adds 56 positions of Employment and Eligibility Technician. The new position classifications are the result of a department-wide classification study performed for the welfare Department - action requested - ADOPT ORDINANCE 3589 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-22-00 [3.23]) 13. Adoption of a Salary Ordinance Amendment - the Personnel Department is requesting Board approval of a salary ordinance amendment which incorporates changes included in the Memorandum of Understanding between the County and the Butte County Employees Association - action requested - ADOPT ORDINANCE 3590 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-22-00 [3.24]) 14. Adoption of a Salary Ordinance Amendment - the Administrative Office has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Deputy Administrative Officer (term to end 9-30-01) to provide additional staffing during the term of several capital facilities projects which include the Juvenile Hall and the Southside Oroville Community Center - action requested - ADOPT ORDINANCE 3591 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-22-00 [3.25] ) 15. Adoption of an Ordinance - Public Employees Retirement System (PERS) - Amendment to Retirement Benefits - adoption of an ordinance which would amend the County's agreement with PERS regarding the retirement benefit calculation, amending it to a 20 at age 55 formula - action requested - ADOPT ORDINANCE 3592 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-8-00 [4.07]) 16. Introduction of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which would reclassify one position of Secretary II to Supervisor- Clerical Support Services, effective March 18, 2000, as a result of a classification study - action requested - wAIVE READING OF THE ORDINANCE. 17. Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Legal Typist Clerk/Office Assistant III, and adds one position of Investigative Assistant to the Criminal Division - action requested - WAIVE READING OF THE ORDINANCE. Page 70 March 14, 2000 March 14, 2000 00-73 18. Introduction of a Salary Ordinance Amendment - the Public Heath Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Clinic Manager, one position of Public Health Nurse III/II/I, one half-time position of Health Education Specialist II/I, and one half-time position of Office Assistant III/II/I in response to new and continuing grant funding for a wellness and prevention program - action requested - WAIVE READING OF THE ORDINANCE. 19. Resolution Designating the Northern California Council for the Arts as Butte County's Arts Council for Fiscal Year 2000-2001 - action requested - ADOPT RESOLUTION 00-32 AND AUTHORIZE THE CHAIR TO SIGN. 20. North Valley Schools, Inc. - Amendment A - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with North Valley Schools, Inc., for the provision of day rehabilitation, clinical, counseling, social, recreational, educational, and medication services for referred adults. The amendment expands the services provided to include case management and mental health services, and increases the maximum amount payable by $66,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11353) 21. Butte County Probation Department - Office of Child Abuse Prevention - Memorandum of Understanding (MOU) - Board approval is requested by the Butte County Department of Behavioral Health for an MOU with the Probation Department which covers the assignment of one full-time Probation Officer to the Butte County Department of Behavioral Health-Youth Services Division. The term of the MOU is July 1, 1999, through June 30, 2000, with a maximum amount payable of $39,027 (department budget) - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11534) 22. Superior Court of California, County of Butte - Memorandum of Understanding (MOU) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the MOU with the Superior Court of California, County of Butte. The MOU provides funding for the Drug Court Manager position, and the proposed amendment extends the term of the agreement to June 30, 2000, with all other provisions to remain in full force and effect as originally stated - action requested - APPROVE MOU AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11418) Page 71 March 14, 2000 March 14, 2000 00-73 23. Victor Treatment Center, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Victor Treatment Center, Inc., for the provision of Therapeutic Behavioral Services (TBS) clinical monitoring of referred cases. The term of the agreement is January 1, 2000, through June 30, 2000, with a maximum amount payable of $50,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11551) 24. Victor Treatment Center, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Victor Treatment Center, Inc., for the provision of day rehabilitation services, medication support services, and residential services to mentally ill young people requiring a broad range of psychiatric services. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable of $231,264 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11550) 25. Connerly & Associates, Inc. - Board approval is requested by the Development Services Department for an agreement with Connerly & Associates, Inc., for the provision of management services for Community Development Block Grant 98-STBG-1229, regarding housing rehabilitation. The term of the agreement is 14 months, with a maximum amount payable of $30,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11556) 26. The Library Corporation - Amendment - Board approval is requested by the Library for an amendment to the agreement with The Library Corporation for provision of the software and support services for the new automated library system. The amendment provides for the addition of two workstations within the system at a cost of $4,990 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11415) 27. Families For Literacy Grant - Board approval is requested by the Director of Libraries to submit a grant application in the amount of $15,000 to the California State Library for funds to expand and enhance the Families For Literacy program - action requested - APPROVE SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN. Page 72 March 14, 2000 March 14, 2000 00-73 28. Communication workers of America (Social Services workers Unit) - Memorandum of Understanding - Board approval is requested by the Personnel Department for a Memorandum of Understanding with the Communication workers of America (Social Services workers Unit) which covers the period of October 1, 1999, through September 30, 2001 - action requested - RATIFY MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. 29. Oroville Animal Health Center - Amendment - Board approval is requested by the Public Health Department for an amendment to the agreement with Oroville Animal Health Center for the provision of animal sheltering services. The amendment increases the maximum amount payable by $45,000 (department budget) due to the high demand for services. All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11290) 30. County Medical Services Program Governing Board - Board approval is requested by the Public Health Department for a revenue agreement with the County Medical Services Program Governing Board for funding to develop a wellness and health promotion program for clients seeking employment services. The agreement provides $195,987 for the program and staffing, for the period of January 1, 2000, through February 28, 2001 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-224 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. (Contract No. R40208) 31. Pacific Municipal Consultants - Board approval is requested by the Public works Department for an agreement with Pacific Municipal Consultants for the preparation and processing of California Environmental Quality Act documents to ensure compliance for the Neal Road Landfill Master Plan. The term of the agreement is through completion of the project, with a maximum amount payable of $41,065 (Neal Road Landfill Fund) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. (Contract No. X11562) Page 73 March 14, 2000 March 14, 2000 00-73 32. Used Oil Recycling Block Grant, Sixth Cycle - Board approval is requested by the Public works Department to submit a regional application to the California Integrated waste Management Board for funds to continue and expand existing used oil education programs, recruit and promote certified used oil collection centers, increase disposal options for used oil filters, and promote the use of re-refined motor oil - action requested - ADOPT RESOLUTION 00-33 APPROVING SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS, OR HIS DESIGNEE, TO SIGN ALL DOCUMENTS NECESSARY TO IMPLEMENT AND ADMINISTER THE GRANT. 33. water Inventory/Analysis Project: 1. Camp, Dresser and McKee - Board approval is requested by the Department of water and Resource Conservation for an agreement with Camp, Dresser and McKee for the provision of consulting services associated with the Butte County water Inventory/Analysis project. Funding for the agreement is provided by a grant from the California Department of water Resources. The agreement has a maximum amount payable of $175,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN (Contract No. X11560); AND 2. Request to Accept and Appropriate Unanticipated Grant Revenue - Board approval is requested by the Department of water and Resource Conservation to accept and appropriate $200,000 in unanticipated grant revenue from the California Department of water Resources for the Butte County water Inventory/Analysis project, and to reduce the General Fund contribution to the Department of water and Resource Conservation by $25,000 - action requested - APPROVE BUDGET TRANSFER B-226 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE AND REDUCING THE GENERAL FUND CONTRIBUTION TO THE DEPARTMENT BY $25,000. 34. Northern California Youth and Families Program - Independent Living Program - Amendment 1 - Board approval is requested by the welfare Department for an amendment to the agreement with Northern California Youth and Families for Independent Living Program services. The amendment increases the maximum amount payable by $25,000 (department budget) to provide for enhanced services. The term remains July 1, 1999, through June 30, 2000 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11447) Page 74 March 14, 2000 March 14, 2000 00-73 35. Advance Step Hire - the Probation Department has requested the Personnel Department prepare an agenda item to approve the advance step hire of an Information Systems Technician II candidate to step 4 of the salary ordinance based on applicant experience - action requested - APPROVE ADVANCE STEP HIRE OF AN INFORMATION SYSTEMS TECHNICIAN II TO STEP 4 OF THE SALARY ORDINANCE. 36. Request for School Bond Election - the Oroville City Elementary School District, by Resolution No. 99-00-06, adopted February 28, 2000, has requested the County Clerk-Recorder-Registrar of Voters to conduct a special school bond election to be held Tuesday, June 6, 2000. The cost of the election will be paid by the District prior to the election - action requested - AUTHORIZE THE COUNTY CLERK TO CONDUCT THE SPECIAL SCHOOL BOND ELECTION. (202) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEMS 3.05 AND 3.36 REMOVED FROM THE AGENDA. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular A ecr nda 00-74 Appointments - Commissions and Committees (249) 1. Appointments to committee vacancies (NONE) 2. Butte Regional waste Management Authority - action requested - APPOINT BOARD REPRESENTATIVE AND ALTERNATE. MOTION: I MOVE TO APPOINT SUPERVISOR HOUX, REPRESENTATIVE, AND SUPERVISOR JOSIASSEN, ALTERNATE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Lake Oroville Joint Powers Authority - action requested - APPOINT TWO BOARD MEMBER REPRESENTATIVES AND TWO BOARD MEMBER ALTERNATES. MOTION: I MOVE TO APPOINT SUPERVISORS BEELER AND JOSIASSEN, REPRESENTATIVES, AND SUPERVISORS DOLAN AND HOUX, ALTERNATES. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-75 Update on legislative and budget activities. (313) John S. Blacklock, Chief Administrative Officer, informs the Board that the California State Association of Counties' Legislative Conference will be held later this week, and the fiscal status report will be presented to the Board at the meeting of March 28, 2000. Page 75 March 14, 2000 March 14, 2000 00-75 1. Consideration of a letter of support for AB 1865 - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. SUPERVISOR HOUX RECOMMENDED THAT COPIES OF THE PROPOSED LETTER ALSO BE SENT TO ASSEMBLYMAN AANESTAD, SENATOR LESLIE, AND ASSEMBLYMAN OLLER. MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Consideration of a letter of support for the Mentally Ill Incarcerated Offender Project - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-76 Resolution Honoring Butte County Employees for Dedicated Years of Service - presentation of awards to employees with 25 years of service - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO EMPLOYEES WITH 25 YEARS OF SERVICE. (540) MOTION: I MOVE TO ADOPT RESOLUTION 00-34 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR DOLAN AND DON TURKO, PERSONNEL DIRECTOR, PRESENT AWARDS TO COUNTY EMPLOYEES WITH 25 YEARS OF SERVICE. RECESS: 9:37 A.M. RECONVENE: 9:43 A.M. Page 76 March 14, 2000 March 14, 2000 Regular Agenda 00-77 State Route 99/Southgate Avenue Interchange and Circulation Study - report to the Board on revised recommendations - action requested - DIRECT THE DEVELOPMENT SERVICES DEPARTMENT AND PUBLIC WORKS DEPARTMENT TO BEGIN THE PROCESS FOR INCLUSION OF THE RECOMMENDED ALIGNMENTS INTO THE CIRCULATION ELEMENT OF THE BUTTE COUNTY GENERAL PLAN; AND DIRECT STAFF TO PLACE THE SOUTHGATE AVENUE EXTENSION BETWEEN STATE ROUTE 99 AND THE MIDWAY AS A PRIORITY PROJECT, AND TO BEGIN INVESTIGATIONS INTO FUTURE FUNDING SOURCES FOR THE PROJECT. (1000) MOTION: I MOVE TO DIRECT THE DEVELOPMENT SERVICES DEPARTMENT AND PUBLIC WORKS DEPARTMENT TO BEGIN THE PROCESS FOR INCLUSION OF THE RECOMMENDED ALIGNMENTS INTO THE CIRCULATION ELEMENT OF THE BUTTE COUNTY GENERAL PLAN; DIRECT STAFF TO PLACE THE SOUTHGATE AVENUE EXTENSION BETWEEN STATE ROUTE 99 AND THE MIDWAY AS A PRIORITY PROJECT, DIRECT STAFF TO BEGIN INVESTIGATIONS INTO FUTURE FUNDING SOURCES FOR THE PROJECT; AND DIRECT INCLUSION OF A POLICY STATEMENT INTO THE FINAL REPORT REGARDING THE PRESERVATION OF AGRICULTURE VIABILITY IN THE PROJECT AREA. M S VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried) 00-78 Items removed from the Consent Agenda for Board consideration and action. 1. Larkspur Avenue - Right-of-way Abandonment and Sale - Board approval is requested by the Public works Department for a summary abandonment of the Larkspur Avenue right-of-way, from River Road easterly to its end. The Public works Department has determined that public use of the right-of-way is not necessary and abandonment and sale of the property can proceed - action requested - ADOPT RESOLUTION APPROVING SUMMARY ABANDONMENT; APPROVE AGREEMENT FOR SALE OF SURPLUS PROPERTY IN A PUBLIC RIGHT- OF-WAY; APPROVE QUITCLAIM DEED; AND AUTHORIZE THE CHAIR TO SIGN ALL NECESSARY DOCUMENTS. 2. Document Reproduction Charges - Report to the Board - report on fees charged by County departments for the reproduction of documents and selected services - action requested - ACCEPT FOR INFORMATION. (FROM 2-8-00 [4.05]) ITEMS WERE REMOVED FROM THE AGENDA WITHOUT CONSIDERATION OR ACTION. ADDITIONAL INFORMATION WAS RECEIVED FOR THE AGENDA ITEM REGARDING DOCUMENT REPRODUCTION CHARGES AND THIS ITEM WILL BE RETURNED ON A SUBSEQUENT AGENDA. Page 77 March 14, 2000 March 14, 2000 00-79 CLOSED SESSION: the Board recessed at 9:56 a.m. to a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a) LaMonda v. County of Butte; Butte County Case No. 122085 - Martin v. Morris; and significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1) one potential case. (1373) RECONVENE: the Board reconvened at 10:24 a.m. from a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a) LaMonda v. County of Butte; Butte County Case No. 122085 - Martin v. Morris; and significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1) one potential case. (1420)(NO ANNOUNCEMENTS) RECESS: 10:24 A.M. RECONVENE: 10:31 A.M. Public Hearincrs and Timed Items 00-80 Continued Public Hearing - Use Permit Appeal - Ruddy Creek Partnership - consideration of an appeal of the Planning Commission's denial of a Use Permit for a 156 unit mobile home park (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) on property zoned A-R (Agricultural-Residential) and located on the southeast corner of 18th Street and Feather Avenue, Thermalito. The property is identified as APN 030-360-082 and 083. A design of 125 units has also been considered (File #UP98-27 [DD]) - action requested - CONTINUE HEARING OPEN PENDING CONCLUSION OF A JOINT MEETING OF THE BOARD OF SUPERVISORS AND THE AIRPORT LAND USE COMMISSION. (FROM 12-14-99 [5.03] ) (1428) PUBLIC HEARING RECONVENED AT 10:37 A.M. AND CONTINUED OPEN TO APRIL 25, 2000, AT 10:30 A.M. Page 78 March 14, 2000 March 14, 2000 00-81 Continued Public Hearing - Donald M. Senick - waiver of Parcel Map and Proposed Negative Declaration - consideration of an appeal of the Development Review Committee's denial of a waiver of Parcel Map to create thirteen 40 acre parcels and one 60 acre parcel from a 580+ acre parcel, on property zoned A-40 (Agricultural - 40 acre parcels) and located north of, and adjacent to, Munjar Road, approximately one mile east of Meridian Road, north of Chico, and identified as APN 047-200- 017 and a portion of APN 047-200-076 (DB [File #wAV 00-02]) - action requested - SUBJECT TO FINDINGS I (A 1-5) AS DETAILED IN THE STAFF REPORT DATED MARCH 7, 2000, UPHOLD THE DEVELOPMENT REVIEW COMMITTEE'S DENIAL OF WAIVER 00-02 AND DENY THE APPEAL. (FROM 3-7-00 [5.01] ) (1674) (**00) PUBLIC HEARING RECONVENED: 10:42 A.M. PUBLIC HEARING CLOSED: 11:28 A.M. MOTION: SUBJECT TO FINDINGS I (A 1-5) AS DETAILED IN THE STAFF REPORT DATED MARCH 7, 2000, I MOVE TO UPHOLD THE DEVELOPMENT REVIEW COMMITTEE'S DENIAL OF WAIVER 00-02 AND DENY THE APPEAL. S M VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Failed to Carry) MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE PROJECT AND DIRECT STAFF TO RETURN TO THE BOARD WITH THE NECESSARY FINDINGS AND ACTIONS TO APPROVE THE PROJECT. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried) 00-82 Public Hearing - Community Development Block Grants: 1. Amendment to Grant No. 97-STBG-1103. The amendment will allow for an extension of time for the utilization of the grant funding. Funding will be utilized for construction of the Southside Oroville Community Center - action requested - OPEN PUBLIC HEARING TO RECEIVE PUBLIC COMMENT; AND ADOPT RESOLUTION AMENDING GRANT AND AUTHORIZE THE CHAIR TO SIGN. (**957) PUBLIC HEARING OPENED: 11:47 A.M. PUBLIC HEARING CLOSED: 11:48 A.M. MOTION: I MOVED TO ADOPT RESOLUTION 00-35 APPROVING THE GRANT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 79 March 14, 2000 March 14, 2000 00-82 Public Hearing - Community Development Block Grants: 2. Close out of Planning and Technical Assistance Grant No. 98-STBG-1213. Funds were used to prepare a Housing Conditions Survey for the County of Butte - action requested - OPEN PUBLIC HEARING TO RECEIVE PUBLIC COMMENT. (1101) PUBLIC HEARING OPENED: 11:52 A.M. PUBLIC HEARING CLOSED: 11:53 A.M. Page 80 March 14, 2000 March 14, 2000 00-83 Public Hearing - Gerald Ernst/Dale W. Ritter - consideration of a rezone (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) involving two parcels of 40 acres each, one parcel of 46.18 acres, and one parcel of 51.55 acres (a total of 177.73 acres) from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels). The subject property is located adjacent to Richardson Springs Road, approximately 3/4 of a mile northeast of Cohasset Road, northeast of Chico and identified as APN 047-280-064, 047-280-065, and 047-230-042 (DB [REZ 99-04]) - action requested: 1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND 3. SUBJECT TO FINDINGS III (1 a-d) AS DETAILED IN THE STAFF REPORT DATED MARCH 14,2000, ADOPT AN ORDINANCE APPROVING THE REZONE SUBJECT TO THE CONDITIONAL ZONING AGREEMENT AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 14, 2000, AND AUTHORIZE THE CHAIR TO SIGN ORDINANCE AND CONDITIONAL ZONING AGREEMENT. (**1250) PUBLIC HEARING OPENED: 11:55 A.M. PUBLIC HEARING CLOSED: 11:56 A.M. MOTION: SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2000, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND SUBJECT TO FINDINGS III (1 a-d) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2000, FURTHER MOVE TO ADOPT ORDINANCE 3593 APPROVING THE REZONE SUBJECT TO THE CONDITIONAL ZONING AGREEMENT AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 14, 2000, AND AUTHORIZE THE CHAIR TO SIGN ORDINANCE AND CONDITIONAL ZONING AGREEMENT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 81 March 14, 2000 March 14, 2000 00-84 Public Hearing - Public Service Easement Abandonment - the Board has received a petition requesting the abandonment of a presently unused public service easement lying within Lot B of Heritage Estates, Phase 2, beginning at Heritage Drive and running southeast to Kelly Ridge Road - action requested - ADOPT RESOLUTION APPROVING ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-8-00 [3.06]) (**1367) PUBLIC HEARING OPENED: 11:57 A.M. PUBLIC HEARING CLOSED: 11:57 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 00-36 APPROVING THE ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-85 Public Hearing - Alley Abandonment - the Board has received a petition requesting the abandonment of a public right-of-way consisting of the alleys within the Glendale Addition to Chico Unit I, located on the east and west sides of McIntosh Avenue (formerly known as Second Street) approximately 500 feet east of Diamond Avenue, southwest of Chico - action requested - ADOPT RESOLUTION APPROVING ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-8-00 [3.07]) (**1416) PUBLIC HEARING OPENED: 11:59 A.M. PUBLIC HEARING CLOSED: 12:00 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 00-37 APPROVING THE ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-86 Public Comment (PRESENTATIONS 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.) (**1495) (NONE) RECESS: 12:01 P.M. RECONVENE: 12:16 P.M. 00-87 THE BOARD PROPOSED THAT A JOINT MEETING WITH THE AIRPORT LAND USE COMMISSION BE SCHEDULED FOR APRIL 3 OR APRIL 4, 2000, AND REQUESTED THE DEVELOPMENT SERVICES DIRECTOR TO PRESENT THOSE DATES TO THE COMMISSION FOR CONFIRMATION. Page 82 March 14, 2000 March 14, 2000 00-88 CLOSED SESSION: the Board recessed at 12:16 p.m. to a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a) LaMonda v. County of Butte; Butte County Case No. 122085 - Martin v. Morris; 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: County Counsel. (**1496) RECONVENE: the Board reconvened at 2:02 p.m. from a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a) LaMonda v. County of Butte; Butte County Case No. 122085 - Martin v. Morris; 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: County Counsel. (**1752) (NO ANNOUNCEMENTS) Communications 00-89 Communications received and referred. (A LISTING AND COPIES OF ADDITIONAL COMMUNICATIONS RECEIVED BY THE BOARD ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) 1. Bryan Flicker, President, Butte County Correctional Officers' Association, writes to the Board to request an appeal of the Employee Relations Officer's determination regarding the "window period" for filing a request for modification to an employee bargaining unit. (REFERRED TO DIRECTOR-PERSONNEL AND COUNTY COUNSEL [2-18-00]) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 2:02 p.m. to reconvene on Tuesday, March 28, 2000. Jane Dolan, Chair Page 83 March 14, 2000 March 14, 2000 ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 84 March 14, 2000