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BOARD OF SUPERVISORS
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
March 28, 2000
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors
present: Beeler, Houx, Josiassen, and Chair Dolan. Supervisors
not present: Davis. 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 Linda Prendergast, First United Methodist
Church, Oroville.
00-90 Items removed from the Consent Agenda for Board consideration
and action. (80)
1. Introduction of a Salary Ordinance Amendment - the
Treasurer-Tax Collector has requested the Personnel
Department prepare a salary ordinance amendment which
creates the classification of Assistant-Treasurer/Tax
Collector: Revenue and Reimbursement, and adds the
position to the budget unit for the Treasurer-Tax
Collector (070-001) in response to an office
reorganization - action requested - WAIVE READING OF THE
ORDINANCE.
ITEM REMOVED FROM THE AGENDA WITHOUT CONSIDERATION OR ACTION.
Consent Acrenda
00-91 1. Approval of Minutes - action requested - APPROVE MINUTES
OF MARCH 7, 2000; AND MARCH 14, 2000.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-241 (SHERIFF); B-244 (PUBLIC HEALTH); AND
B-240 (CLERK-RECORDER [4 /5 vote required]).
Page 85 March 28, 2000
March 28, 2000
00-91 3. County Library Donations - in accordance with Government
Code Section 25355, donations of $913 from Oroville
Friends of the Library, and $100 from Alice and Richard
Stoner, have been received for the Butte County Trust Fund
for the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
4. Underground Utility District - East Avenue No. 14 - Board
approval is requested by the Public works Department
to set a public hearing for April 25, 2000, at 11:00 a.m.
to determine if public necessity, health, safety, or
welfare requires formation of an underground utility
district on East Avenue between Cohasset Road and
Manzanita Avenue in Chico. The County and the City of
Chico are proposing to jointly form the district - action
requested - ADOPT RESOLUTION 00-38 SETTING A PUBLIC
HEARING AND AUTHORIZE THE CHAIR TO SIGN.
5. Oroville Cemetery District - action requested - REAPPOINT
JAMES MOLL, TRUSTEE, TO A TERM TO END JANUARY 1, 2004.
6. Autumn Park Subdivision - Phase II - Map - APN 047-260-196
and 197 - 1 lot plus remaining lands of owner, located on
the easterly side of State Highway 99, one-half mile north
of Wilson Landing Road. The purpose of the map is to
separate the lands that are approved for subdivision from
the lands that are to remain in an orchard - APPROVE FINAL
MAP, NOTE THAT AUTUMN PARK DRIVE, AS OFFERED FOR
DEDICATION IN ITEM A OF THE OWNER'S STATEMENT, IS NOT
ACCEPTED AT THIS TIME; AND ACCEPT RELINQUISHMENT OF
ABUTTER'S RIGHTS TO ACCESS STATE HIGHWAY 99 AS OFFERED IN
ITEM B OF THE OWNER'S STATEMENT.
7. welfare Department - Acceptance of Unanticipated Revenue
and Transfer of Funds - Board approval is requested by the
Director of welfare to accept and appropriate
unanticipated revenue from several sources, and to
authorize the transfers of department funds in support of
various department projects as follows: 1) transfer
$10,128 between department accounts to fund the purchase
of cellular phones; 2) transfer $8,770 between department
accounts to provide more revenue for direct services to
clients; 3) accept and appropriate $18,252 in additional
revenue from the Family Preservation and Support Program;
4) accept and appropriate $28,604 in additional revenue
from the Special Circumstances Program; and 5) accept and
appropriate $45,377 in unanticipated revenue from the
welfare to work program - action requested - APPROVE
BUDGET TRANSFER B-243 (4/5 vote required) ACCEPTING,
APPROPRIATING, AND TRANSFERRING WELFARE DEPARTMENT FUNDS.
Page 86 March 28, 2000
March 28, 2000
00-91 8. Adoption 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 -
ADOPT ORDINANCE 3594 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 3-14-00 [3.17])
9. Adoption 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 - ADOPT ORDINANCE 3595 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 3-14-00 [3.18])
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 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 - ADOPT ORDINANCE 3596 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 3-14-00 [3.19])
11. Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment which
reclassifies one position of Information Systems
Technician II/I to Information Systems Technician III/II/I
to provide the department greater flexibility in staffing
choices - action requested - WAIVE READING OF THE
ORDINANCE.
12. Resolution of Appreciation for 40 Years of Volunteer
Service by Audrey Stephens - action requested - ADOPT
RESOLUTION 00-39 AND AUTHORIZE THE CHAIR TO SIGN.
13. Resolution Declaring March 2000 as Social workers Month in
Butte County - action requested - ADOPT RESOLUTION 00-40
AND AUTHORIZE THE CHAIR TO SIGN.
14. Reconstruction of Neal Road from 3.0 to 4.7 Miles East of
State Route 99 - County Project No. 46312-92-2 - the
project is necessary due to pavement distress. The State
Transportation Improvement Program will reimburse 1000 of
the construction costs - action requested - APPROVE PLANS
AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR
OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
Page 87 March 28, 2000
March 28, 2000
00-91 15. Construction of Pavement Overlays in Paradise Pines Area -
County Project No. AC-99-2 - the project is necessary due
to pavement distress. The project is included in the
fiscal year 1999-2000 budget - action requested - APPROVE
PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE
PUBLIC WORKS TO ADVERTISE FOR BIDS.
16. Construction of Pavement Overlays in Kelly Ridge Area -
County Project No. AC-99-1 - the project is necessary due
to pavement distress. The State Transportation
Improvement Program will reimburse 1000 of the
construction costs - action requested - APPROVE PLANS AND
SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC
WORKS TO ADVERTISE FOR BIDS.
17. Roadway Rehabilitation on Skyway from Ponderosa way to
Nimshew Road - County Project No. 51261(3)-99-1 - the
project is necessary due to pavement distress. The State
Transportation Improvement Program will reimburse 1000 of
construction costs - action requested - APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF
PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
18. Reconstruction of Concow Road from State Route 70 to
Nelson Bar Road - County Project No. 52515A-94-1 - the
project is necessary due to pavement distress . The project
is included in the fiscal year 1999-2000 budget - action
requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE
THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS;
ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE
FOR BIDS.
19. Roe Road - Excess Right-of-way - Board approval is
requested by the Public works Department to grant an
excess right-of-way on Roe Road to the Town of Paradise -
action requested - APPROVE GRANT DEEDS TO THE TOWN OF
PARADISE AND AUTHORIZE THE CHAIR TO SIGN.
20. Program Supplement No. 038 - reimbursement of funds for
qualified projects under the State-Local Transportation
Partnership Program Agreement for State Share Funds,
Agreement No. SLTPP-5912, entered into January 10, 1991,
requires execution of a program supplement to the master
agreement. Program Supplement No. 038 in the amount of
$538,752 provides reimbursement funding for the Midway
pavement overlay project (03-BUT-O-CR, SB99-5912(003) -
action requested - ADOPT RESOLUTION 00-41 AUTHORIZING
EXECUTION OF PROGRAM SUPPLEMENT NO. 038 AND AUTHORIZE THE
CHAIR TO SIGN.
Page 88 March 28, 2000
March 28, 2000
00-91 21. Butte County Children and Families Commission - Board
approval is requested by the Butte County Children and
Families Commission for an agreement with the County for
the provision of support services for the Commission. The
term of the agreement is July 1, 1999, through June 30,
2000. The agreement will be renewed annually
beginning July 1, 2000, unless terminated by either
party. Charges for services will be billed to the
Commission on monthly and quarterly cost allocation
journals prepared by the Butte County Auditor's Office -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
22. Solid waste Program Assistance Grant Application - Board
approval is requested by the Public Health Department to
submit a grant application to the State for funds to
support local solid waste landfill permit and inspection
programs - action requested - ADOPT RESOLUTION 00-42
APPROVING SUBMISSION OF THE GRANT APPLICATION AND
AUTHORIZE THE CHAIR TO SIGN.
23. Quincy Engineering, Inc. - Board approval is requested by
the Public works Department for an amendment to the
agreement with Quincy Engineering, Inc., for the provision
of engineering services for the design of the Aguas Frias
Road Bridge at Butte Creek. The amendment extends the
term of the agreement to March 14, 2001, to allow for
completion of the design plans - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X10382)
24. Americans with Disabilities Act (ADA) Transition Plan -
the Personnel Department submits an update on the ADA
Transition Plan and implementation program - action
requested - ACCEPT FOR INFORMATION.
25. Advancement within a Salary Range - pursuant to Personnel
Rule 11.13, the Probation Department has requested the
Personnel Department prepare an agenda item requesting
advancement of a Principal Analyst position to step 5 of
the salary range based on education and experience,
retroactive to March 13, 2000 - action requested -
APPROVE ADVANCEMENT OF A PRINCIPAL ANALYST POSITION TO
STEP 5 OF THE SALARY RANGE, RETROACTIVE TO MARCH 13, 2000.
Page 89 March 28, 2000
March 28, 2000
00-91 26. Biennial Approval of Local Agency Conflict of Interest
Codes - Exempt - the following districts have reviewed
their Conflict of Interest Code Exemption Statements and
have determined that the conditions for exemption still
exist: Bangor Cemetery District; Pine Creek Cemetery
District; Upham Cemetery District; Drainage District
No. l; and Drainage District No. 100. County Counsel has
reviewed the reports and believes them to be
proper - action requested - BIENNIAL APPROVAL OF CONFLICT
OF INTEREST CODE EXEMPTION STATEMENTS.
27. Biennial Approval of Local Agency Conflict of Interest
Codes - Non-exempt - the following districts have reviewed
their Conflict of Interest Codes and have determined that
their agency's code is current and not in need of
revision: Gridley-Biggs Cemetery District; Oroville
Cemetery District; Paradise Cemetery District; Durham
Mosquito Abatement District; Berry Creek Community
Services District; Richardson Springs Community Services
District; El Medio Fire District; Durham Irrigation
District; Paradise Irrigation District; Richvale
Irrigation District; Table Mountain Irrigation District;
Thermalito Irrigation District; Durham Recreation and Park
District; Feather River Recreation and Park District;
Paradise Recreation and Park District; Reclamation
District No. 833; Butte water District; Lake Madrone water
District; and Sewerage Commission Oroville Region. County
Counsel has reviewed the reports and believes them to be
proper - action requested - BIENNIAL APPROVAL OF CONFLICT
OF INTEREST CODES.
28. Request for Release of Lien - Board authorization is
requested by the welfare Department to file a Release of
Lien on property determined to have no recoverable value
to apply against a lien filed pursuant to the regulations
of Aid to Families with Dependent Children - action
requested - AUTHORIZE THE DIRECTOR OF SOCIAL WELFARE, OR
DESIGNEE, TO EXECUTE AND FILE A RELEASE OF LIEN.
29. Butte Creek Agreement and Grant of Easement - Certificate
of Acceptance - Board approval is requested by the
Emergency Services Director for a Certificate of
Acceptance for a Grant of Easement for flood damage
repairs to the Parrott-Phelan Diversion Dam and Fish
Screening Facility on Butte Creek. This project was
approved by the Board on October 13, 1998. The Certificate
of Acceptance is requested by the State as part of the
closing requirements for the project - action requested -
APPROVE THE CERTIFICATE OF ACCEPTANCE AND AUTHORIZE THE
CHAIR TO SIGN.
Page 90 March 28, 2000
March 28, 2000
00-91 30. Property Acquisition - the Federal Emergency Management
Agency (FEMA) has provided funding to the County to
acquire the property located at 13898 Highway 99, Chico.
The parcel of land has been subject to repetitive flooding
since 1995, and under FEMA regulations the County will be
provided funding in the amount of $157,250 to acquire the
property and construct a detention pond. Board approval
is requested by the Emergency Services Director to send an
Offer to Purchase Property to the land owner in the amount
of $132,000 - action requested - APPROVE OFFER TO PURCHASE
PROPERTY AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO
SIGN. (96)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF
ITEM 3.12.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried)
Regular Agenda
CHAIR DOLAN PRESENTS A RESOLUTION OF APPRECIATION TO AUDREY
STEVENS FOR 40 YEARS OF VOLUNTEER SERVICE TO THE FIRE
DEPARTMENT. (114)
00-92 Appointments - Commissions and Committees. (200)
1. Appointments to committee vacancies (NONE)
00-93 Update on legislative and budget activities. (203) John S.
Blacklock, Chief Administrative Officer, highlights the
importance of the census to the funding for local governments
and encourages all County residents to complete and return the
census form. The Board was also provided highlights from the
California State Association of Counties' Legislative
Conference.
00-94 Periodic Fiscal Status Report on Fiscal Year 1999-2000 Butte
County Budget:
1. County Fiscal Status Report - fiscal forecast update and
status of overall County year-to-date expenditures and
revenues - action requested - ACCEPT FOR INFORMATION.
2. Department Fiscal Status Reports - required expenditure
savings update and status of year-to-date expenditures,
revenues, and variances by individual departments - action
requested - ACCEPT FOR INFORMATION. (422)
PRESENTATION TO THE BOARD BY JOHN BLACKLOCK, CHIEF
ADMINISTRATIVE OFFICER; CYNTHIA MANN, DEPUTY ADMINISTRATIVE
OFFICER; AND DICK PUELICHER, TREASURER-TAX COLLECTOR.
Page 91 March 28, 2000
March 28, 2000
00-95 City of Chico - Automatic Aid Agreement - Report to the Board -
update on the Butte County/City of Chico Automatic Aid Agreement
for fire services - action requested - PROVIDE DIRECTION.
(1467)
MOTION: I MOVE TO DIRECT THE PREPARATION OF AN AGENDA ITEM TO BE BROUGHT
FORWARD ON THE NEXT AGENDA WHICH INCLUDES ALL THE ACTIONS
NECESSARY TO PROVIDE FOR STAFFING OF THE WEST CHICO FIRE
STATION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried)
RECESS: 10:15 A.M.
RECONVENE: 10:25 A.M.
Regular A ecr nda
00-96 Butte County Bookmobile - Report to the Board - action
requested - ACCEPT FOR INFORMATION. (2361)
PRESENTATION TO THE BOARD ON THE STATUS OF THE BOOKMOBILE
PROGRAM BY NANCY BROWER, DIRECTOR OF LIBRARIES.
Public Hearincrs and Timed Items
00-97 Public Hearing - Juvenile Hall - Mitigated Negative
Declaration - consideration of a mitigated negative declaration
for construction of a new juvenile hall facility on a 12.58 acre
parcel adjacent to the existing juvenile hall facility located
at 51 County Center Drive, Oroville, and identified as APN 031-
040-028 - action requested - APPROVE THE MITIGATED NEGATIVE
DECLARATION AS SUBMITTED AND AUTHORIZE THE CHAIR TO SIGN.
(2568)
PUBLIC HEARING OPENED: 10:37 A.M.
PUBLIC HEARING CLOSED: 10:37 A.M.
MOTION: SUBJECT TO THE FINDING THAT THE BOARD TAKES THIS ACTION BASED ON
THE WHOLE RECORD BEFORE IT, INCLUDING THE INITIAL STUDY AND ANY
COMMENTS RECEIVED, AND FINDS THAT THERE IS NO SUBSTANTIAL
EVIDENCE THAT THE PROJECT WILL HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT AND THAT THE MITIGATED NEGATIVE DECLARATION REFLECTS
THE BOARD'S INDEPENDENT JUDGMENT AND ANALYSIS, I MOVE TO APPROVE
THE MITIGATED NEGATIVE DECLARATION AS SUBMITTED AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried)
Page 92 March 28, 2000
March 28, 2000
Regular Agenda
00-98 Flood Hazard Prevention Ordinance Amendment - consideration of
an ordinance amending Butte County Code Chapter 26, Article IV,
entitled "Flood Hazard Prevention" - action requested - WAIVE
READING OF THE ORDINANCE. (2951)(**00)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried)
Public Hearincr and Timed Items
00-99 Public Hearing - Use Permit - Robyn Kissler - consideration of
an appeal of the Planning Commission's approval of a Use Permit
(item on which a negative declaration with mitigation measures
regarding environmental impacts has been recommended) as an
amendment to Use Permit 96-15, to modify the existing emergency
dog shelter for 49 dogs to a private kennel for 30 show dogs, on
property zoned A-R (Agricultural-Residential). The property is
located on Brown Boulevard in Oroville, and identified as APN
028-062-016 (CBS [File # UP 00-31]) - action requested - STAFF
RECOMMENDS THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF
REPORT DATED MARCH 28, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION;
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 (A 1-5) AS DETAILED IN THE STAFF
REPORT DATED MARCH 28, 2000, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT
DATED MARCH 28, 2000, DENY THE APPEAL AND APPROVE USE
PERMIT 00-03 MODIFYING USE PERMIT 96-15 AND AUTHORIZE THE
CHAIR TO SIGN. (**212)
PUBLIC HEARING OPENED AT 10:59 A.M.
MOTION: I MOVE TO CONTINUE THIS HEARING OPEN TO APRIL 25, 2000, AT
11:15 A.M. TO ALLOW FOR THE PERFORMANCE OF A NOISE STUDY.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried)
Page 93 March 28, 2000
March 28, 2000
00-100 Public Hearing - Certificate of Correction - Pola Abram -
consideration of an appeal of the Development Review Committee's
approval of a Certificate of Correction to modify a recorded
parcel map as filed in Book 117 of Maps, at pages 56, 57, and 58
(item determined to be categorically exempt from environmental
review) to modify Condition 14. The property is located
southwest of, and adjacent to, State Highway 32, between Kennedy
and North Lindo Avenue, in the west Chico area, and identified
as APN 042-080-084, 085, and 087 (DB [File # COR00-02]) - action
requested - STAFF RECOMMENDS THE FOLLOWING TWO OPTIONS:
1. CONTINUE THE APPEAL IN ORDER TO PROVIDE THE NECESSARY TIME
FOR THE APPLICANT TO MEET WITH THE APPELLANT TO PROVIDE A
STATEMENT OF AGREEMENT REGARDING THE CERTIFICATE OF
CORRECTION; OR
2. A. FIND THE PROJECT TO BE CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER A CLASS 5 EXEMPTION; AND
B. SUBJECT TO FINDINGS II (A-H) AS DETAILED IN THE STAFF
REPORT DATED MARCH 28, 2000, APPROVE THE CERTIFICATE
OF CORRECTION FOR POLA ABRAM, AMENDING THE LANGUAGE
OF CONDITION 14, DESIGNATING THAT THE 100 FOOT
NO-BUILDING SETBACK FROM THE ADJACENT ORCHARDS SHALL
NOT BE APPLICABLE TO MINI-STORAGE UNITS, SUBJECT TO
THE CONDITIONS FOUND IN EXHIBIT "A" OF THE STAFF
REPORT DATED MARCH 28, 2000. (**1394)
PUBLIC HEARING OPENED: 11:33 A.M.
MOTION: I MOVE TO CONTINUE THE HEARING OPEN TO APRIL 11, 2000, AT
1:15 P.M. IN ORDER TO PROVIDE THE NECESSARY TIME FOR THE
APPLICANT TO MEET WITH THE APPELLANT TO DISCUSS POSSIBLE
SOLUTIONS TO THE MATTER.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried)
RECESS: 12:02 P.M.
RECONVENE: 12:08 P.M.
Page 94 March 28, 2000
March 28, 2000
Regular Agenda
00-101 Deer Herd Fees - information and discussion - action requested -
INITIATE AMENDMENTS TO THE BUTTE COUNTY GENERAL PLAN LAND USE
ELEMENT AND CONSERVATION ELEMENT TO INCLUDE POLICIES SUPPORTING
THE RECOMMENDATIONS ADOPTED BY THE BOARD OF SUPERVISORS ON
APRIL 28, 1987; INITIATE AMENDMENTS TO THE LAND USE ELEMENT AND
REZONE ACTIONS TO BRING ACREAGE MINIMUMS INTO COMPLIANCE WITH
THE ACREAGE MINIMUMS RECOMMENDED BY THE DEPARTMENT OF FISH AND
GAME AND ADOPTED BY THE BOARD ON APRIL 28, 1987, WITH
CONSIDERATION GIVEN TO THE RECENTLY ADOPTED FLEXIBLE LOT SIZE
ORDINANCE; INITIATE A CODE AMENDMENT TO ADOPT A FENCING
ORDINANCE APPLICABLE TO LANDS OUTSIDE THE DESIGNATED DEVELOPMENT
ZONES; INITIATE A CODE AMENDMENT TO ESTABLISH BUILDING SETBACKS
ALONG STREAMS IN DEER RANGE AREAS; AND PREPARE A LETTER TO THE
DEPARTMENT OF FISH AND GAME REQUESTING THAT THEY DEVELOP/SUBMIT
A NEXUS STUDY FOR THE ADOPTION OF DEER HERD IMPACT FEES.
(**2637)(***00)
MOTION: I MOVE TO DIRECT STAFF TO RET
PROGRAMS OTHER COUNTIES
ALTERNATIVES TO THE FISH AND
ON HOW TO INITIATE A SIMILAR
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion
:JRN TO THE BOARD INFORMATION ON THE
HAVE UTILIZED TO INCORPORATE
GAME REQUIREMENTS AND INFORMATION
PROGRAM IN BUTTE COUNTY.
Carried)
00-102 CLOSED SESSION: the Board recessed at 12:49 p.m. to a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a) Miller v. County of Butte,
Ernst v. Butte County District Attorney; and
consideration of public employee appointment
pursuant to Government Code Section 54957:
County Counsel. (***877)
RECONVENE: the Board reconvened at 1:35 p.m. from a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a) Miller v. County of Butte,
Ernst v. Butte County District Attorney; and
consideration of public employee appointment
pursuant to Government Code Section 54957:
County Counsel. (***901 [NO ANNOUNCEMENTS])
SUPERVISOR JOSIASSEN NOT PRESENT.
Page 95 March 28, 2000
March 28, 2000
Public Hearing and Timed Items
00-103 Timed Item - Butte County Airport Land Use Compatibility Plan -
the Butte County Airport Land Use Commission is requesting the
Board review the draft 2000 Airport Land Use Compatibility
Plan - action requested - REVIEW DRAFT AIRPORT LAND USE
COMPATIBILITY PLAN. (***917)
PRESENTATION TO THE BOARD OF THE DRAFT AIRPORT LAND USE
COMPATIBILITY PLAN BY KEN BRODY, SHUTT MOEN AND ASSOCIATES; AND
LAURA WEBSTER, PACIFIC MUNICIPAL CONSULTANTS.
BOARD DIRECTION FOR PLANNING STAFF TO PREPARE AN ANALYSIS OF THE
PROPOSED AIRPORT LAND USE COMPATIBILITY PLAN IN TERMS OF THE
COUNTY'S EXISTING GENERAL PLAN AND ZONING AND THAT THIS ITEM BE
RETURNED TO THE BOARD ON APRIL 11, 2000, FOR ADDITIONAL
DISCUSSION.
00-104 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.) (***3065)(****00)
1. MIKE KELLEY ADDRESSED THE BOARD REGARDING POSSIBLE
NEGOTIATIONS CONCERNING THE PRIVATE USE OF A 15" PRIVATE
RECREATIONAL SEWER CONNECTION WHICH RUNS FROM LOAFER CREEK
CAMPGROUND AND CONNECTS WITH THE LOAPUD'S SEWER IN THE
KELLY RIDGE AREA.
SUPERVISOR HOUX NOT PRESENT.
2. ANDREW GRECO STATED THAT HE SHARES MR. KELLEY'S VIEWPOINT
AND FURTHER STATED THAT NEGOTIATIONS OF THIS NATURE SHOULD
BE MADE PUBLIC INFORMATION.
3. BILL WILSON ADDRESSED THE BOARD REGARDING A BUTTE COUNTY
SOLID WASTE CONTRACT HE FEELS IS UNFAIR TO THE GARBAGE
COLLECTORS IN THE COUNTY.
4. ANDREW GRECO COMPLIMENTS THE BOARD ON THE IMPROVED PERMIT
PROCESS HE HAS EXPERIENCED IN THE LAST SEVERAL MONTHS IN
THE PUBLIC WORKS DEPARTMENT.
Page 96 March 28, 2000
March 28, 2000
00-105 CLOSED SESSION: the Board recessed at 2:52 p.m. to a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a) Miller v. County of Butte
and Ernst v. Butte County District Attorney.
(****537)
RECONVENE: the Board reconvened at 3:07 p.m. CHAIR DOLAN
ANNOUNCED THAT SUPERVISOR BEELER WAS NOT
PRESENT FOR CLOSED SESSION, AND CLOSED SESSION
DID NOT OCCUR DUE TO LACK OF QUORUM. (****577)
Communications
00-106 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. Raymond Bauer, Representative, Area 2 Developmental
Disabilities Board, writes the Board to provide a brief
overview of the Area 2 Disabilities Board's purpose and
activities.
2. Joe Jimenez, Jr., United States Census Bureau, Partnership
Specialist, submits information on the purpose and
importance of the census. (REFERRED TO ALL
DEPARTMENTS [3-21-00] )
3. The Northern California County Engineers Association has
presented the 1999 Annual Safety Award to Butte County
road crews for having the lowest injury frequency rate.
ADJOURNMENT: there being no further business before the
Board, the meeting was adjourned at 3:07 p.m.,
to reconvene at a special meeting of the Board
on Tuesday, April 3, 2000, at 3:30 p.m.
Jane Dolan, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board
By.
Page 97 March 28, 2000