HomeMy WebLinkAboutM042401BOARD OF SUPERVISORS
MINUTES
April 24, 2001
01-113
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair
Josiassen. Also present: John S. Blacklock, Chief
Administrative Officer; Bruce Alpert, County Counsel; and
Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Don North, Trinity Bible Church, Oroville.
Items removed from the Consent Agenda for Board discussion and
action. (108)
1. Quincy Engineering, Inc. - widening of Skyway from Pentz
Road to Southpark Drive - Board approval is requested by
the Public works Department for an agreement with Quincy
Engineering, Inc., for the preparation of environmental
documents and preliminary design studies for the road
widening project on Skyway from Pentz Road to Southpark
Drive. The term of the agreement is May 1, 2001, through
June 30, 2004, with a maximum amount payable of
$620,244.29. The department's budget contains $500,000
for this agreement, and Board approval is also requested
for a budget transfer of $120,245 in department funds to
provide the additional funding - action requested -
APPROVE BUDGET TRANSFER B-309 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE
AMOUNT OF $120,245; AND APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
THIS ITEM REMOVED WITHOUT BOARD CONSIDERATION OR ACTION.
THIS ITEM WILL RETURN TO THE AGENDA OF MAY 8, 2001.
Page 155 April 24, 2001
April 24, 2001
O1-113 2. Non-Discrimination Policy and Procedure - Board approval
is requested by the Personnel Department and County
Counsel for a Non-Discrimination Policy and Procedure.
The purpose of the policy and procedure is to establish
a strong, effective Civil Rights Policy and Procedure; to
encourage all citizens and employees to utilize all
internal remedies available; to minimize complaints
through preventive education, training, and
communication; to achieve early and enduring resolution
of complaints; and to gain support for Civil Rights
compliance - action requested - ADOPT POLICY.
Consent A ecr nda
O1-114 1. Approval of Minutes - action requested - APPROVE MINUTES
OF MARCH 27, 2001.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-308 (FIRE); AND B-307 (PUBLIC WORKS).
(Budget transfers listed above require a 4/5 vote).
3. County Library Donation - in accordance with Government
Code Section 25355, a donation of $650 from Paradise
Friends of the Library 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. County Fire Donation - in accordance with Government Code
Section 25355, a donation of a Sears Craftsman Snow
Blower from Mary E. Sanders of Oroville, has been
received by the Butte County Fire Department in
appreciation of the "Amador Funded" Robinson Mill Fire
Station Crew - action requested - ACCEPT DONATION AND
AUTHORIZE A LETTER OF APPRECIATION.
5. Board of Supervisors General Plan Amendment and Rezone
for the Area in and Around the Sphere of Influence for
the City of Gridley - Report to the Board - pursuant to
Butte County Code Sections 24-30(b), 24-25.30 and
24-25.40(a) and (b), the Development Services Department
submits the Planning Commission Action Report on a
proposed General Plan Amendment, changing the land use
designations on the Gridley/Biggs Area Plan Map, as well
as amendments to the Gridley Urban Reserve Map, and
policies in the Land Use Element in and around the Sphere
of Influence of the City of Gridley. The Planning
Commission has recommended approval of the General Plan
Amendment and Rezone - action requested - ACCEPT FOR
INFORMATION; AND SET A PUBLIC HEARING FOR CONSIDERATION
OF THIS MATTER FOR MAY 8, 2001, AT 10:30 A.M.
Page 156 April 24, 2001
April 24, 2001
O1-114 6. Information Systems - Request to Alter Fixed Asset
Purchases - Board approval is requested by the
Information Systems Department to cancel the purchase of
a RAID 8000 Storage System ($40,000) approved in the
department's Fiscal Year 2000-2001 Final Budget, and to
utilize those funds to purchase an E-Commerce Security
System in the estimated amount of $5,000, and an Inverse
Muliplexor in the estimated amount of $35,000. The
department is making the request in response to changes
in computer technology and projected power supply
problems - action requested - APPROVE CANCELLATION OF
FIXED ASSET ITEM PURCHASE IN THE AMOUNT OF $40, 000 AND
APPROVE PURCHASE OF TWO ALTERNATIVE FIXED ASSET ITEMS IN
THE AMOUNT OF $40,000.
7. Information Systems - Communications Division - Request
to Alter Fixed Asset Purchases - Board approval is
requested by the Information Systems Department-
Communications Division to cancel the purchase of a
spectrum analyzer, digital error rate tester, power
monitor systems, and trans impairment system ($42,300)
approved in the department's Fiscal Year 2000-2001 Final
Budget, and to utilize those funds to replace the
existing receivers in the Sheriff's Office
voter/receiver system with five new receivers, one leased
line eliminator, and one sub-comparator system with
controller. The department is making the request in
response to maintenance problems with the original
equipment and changes in radio technology - action
requested - APPROVE CANCELLATION OF PURCHASE OF FIVE
FIXED ASSET ITEMS IN THE AMOUNT OF $42,300, AND APPROVE
THE PURCHASE OF FOUR ALTERNATIVE FIXED ASSETS IN THE
AMOUNT OF $42,300.
8. Supplemental Local Law Enforcement Fund/Citizen's
Option for Public Safety (COPS) Program - Board approval
is requested by the District Attorney to appropriate
$145,357 in prior year COPS funds to the current year
COPS budget. The District Attorney is requesting to
combine these funds with current year funds for a total
of $220,108 which will be used to purchase equipment and
software necessary to interface with the Court's
automated calendar/case tracking system, purchase a web
site server and switching equipment for law enforcement
access to the District Attorney's automated system, and
to fund the purchase of computers - action requested -
APPROVE BUDGET TRANSFER B-305 (4 /5 vote required)
ACCEPTING PRIOR YEAR FUNDS IN THE AMOUNT OF $145,357 TO
THE CURRENT YEAR BUDGET AND APPROPRIATING THE FUNDS AS
DETAILED IN THE STAFF REPORT; AND APPROVE PURCHASE OF
FIXED ASSET ITEMS AS DETAILED IN THE STAFF REPORT.
Page 157 April 24, 2001
April 24, 2001
O1-114 9. Treasurer-Tax Collector - Release of Encumbrance - Board
approval is requested by the Treasurer-Tax Collector to
release a prior year encumbrance of $2,777 to augment the
current fiscal year mail processing services agreement.
As a result of the enhanced collection agreement with the
courts, the mailing costs for this fiscal year will
exceed the department's budgeted amount. These
collection efforts generate revenue, and the department
is requesting the funds to continue the service - action
requested - APPROVE RELEASE OF A PRIOR YEAR ENCUMBRANCE;
AND APPROVE BUDGET TRANSFER B-306 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
10. Introduction of an Ordinance Delegating Investment
Authority to the Treasurer - Government Code Section
53607 allows the Board of Supervisors to delegate
investment authority to the Treasurer on an annual basis.
The proposed ordinance will provide investment authority
to the Butte County Treasurer-Tax Collector for Fiscal
Year 2001-2002 - action requested - WAIVE READING OF THE
ORDINANCE.
11. Relief of Accountability - Treasurer-Tax Collector -
Board approval is requested by the Treasurer-Tax
Collector for relief of accountability for $20 missing
from the receipts of March 12, 2001. The Auditor found
no evidence of fraud or gross negligence - action
requested - GRANT RELIEF OF ACCOUNTABILITY.
12. District Attorney/welfare Department - Board approval is
requested by the District Attorney and the welfare
Department to accept and appropriate $106,904 in
unanticipated revenue received from the Fraud Incentive
program. The funds will be divided between the welfare
Department ($53,452) and the District Attorney's Office
($53,452). Board approval is requested by the welfare
Department to utilize their portion of the funds to
reduce the amount of general purpose revenue in the
department's appropriations. Board approval is requested
by the District Attorney to purchase computer equipment
to upgrade the equipment in the welfare Fraud Unit, and
to purchase a van to be used in fraud investigations -
action requested - APPROVE BUDGET TRANSFER B-304 (4/5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE
PURCHASE OF A VEHICLE BY THE DISTRICT ATTORNEY FOR THE
WELFARE FRAUD UNIT.
Page 158 April 24, 2001
April 24, 2001
O1-114 13. Adoption of a Salary Ordinance Amendment - the
Public works Department has requested the Personnel
Department prepare a salary ordinance amendment which
increases the salary range for the positions of
Engineering Aide I ($12.30-$14.95 to $12.80-$15.55);
Engineering Aide II ($13.59-$16.52 to $14.14-$17.19);
Engineering Technician I ($15.79-$19.19 to $16.42-
$19.96); and Engineering Technician II ($17.44-$21.20 to
$18.14-$22.05) effective March 31, 2001, as a result of
a classification study. The ordinance also creates the
classification of Engineering Technician III ($19.96-
$24.26); and flexibly staffs all Engineering Technician
II positions to Engineering Technician II/III positions -
action requested - ADOPT ORDINANCE 3709 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 4-10-O1 [3.11])
14. Adoption of a Salary Ordinance Amendment - the welfare
Department has requested the Personnel Department prepare
a salary ordinance amendment which adds one flexibly
staffed position of Principal Analyst/Administrative
Analyst III/II/I to support analyst activities associated
with CalwORKs incentive revenues - action requested -
ADOPT ORDINANCE 3710 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 4-10-O1 [3.12])
15. Adoption of a Salary Ordinance Amendment - the
Development Services Department has requested the
Personnel Department prepare a salary ordinance amendment
which corrects the effective date of the salary amendment
for the position of Geographic Information System
(G.I.S.) Manager, retroactive to the Memorandum of
Understanding parity adjustment of October 2, 1999 -
action requested - ADOPT ORDINANCE 3711 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 4-10-O1 [3.13])
16. Adoption of a Salary Ordinance Amendment - the Public
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which extends the
term position of Program Manager-Butte County Children
and Families Commission to June 30, 2002. The position
is fully funded by the Butte County Children and Families
Commission - action requested - ADOPT ORDINANCE 3712 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-10-O1 [3.14])
17. Adoption of an Ordinance - Olive Fruit Fly - Board
approval is requested by the Agricultural Commissioner
for an ordinance which would provide additional
protection to the local olive industry by requiring
inspections of potentially infested fruit coming to Butte
County from other areas, and allowing action to be taken
on olive trees that are found to be infested within Butte
County - action requested - ADOPT ORDINANCE 3713 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-10-O1 [3.15])
Page 159 April 24, 2001
April 24, 2001
O1-114 18. Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel Department
prepare a salary ordinance amendment which adds one
position of Supervisor-Clerical Support Services to the
Bad Check Unit of the Criminal Division. The position is
being added in response to growth in the division which
has necessitated daily supervision. The department
intends to fill the new position by promoting from
within, then deleting the resulting vacant position -
action requested - WAIVE READING OF THE ORDINANCE.
19. Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel Department
prepare a salary ordinance amendment which deletes one
flexibly staffed position of Legal Typist Clerk/Office
Assistant III, and adds one position of Investigative
Assistant to the Child Abduction Unit. The position is
being modified to better reflect the duties performed by
the incumbent. Child Abduction Unit positions are funded
with 1000 State funds - action requested - WAIVE READING
OF THE ORDINANCE.
20. Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel Department
prepare a salary ordinance amendment which adds one term
position of Investigative Assistant in support of the
Probation Department's Memorandum of Understanding for
implementation of a Warrant Team (see item 3.30). This
position will be funded with grant funds by way of a
monthly billing to the Probation Department - action
requested - WAIVE READING OF THE ORDINANCE.
21. Introduction of a Salary Ordinance Amendment - the
District Attorney-Family Support Division has requested
the Personnel Department prepare a salary ordinance
amendment which adds four flexibly staffed positions of
Family Support Case Manager III/II/I, one flexibly
staffed position of Office Assistant III/II/I, and one
position of Administrative Services Assistant in support
of the State mandated Customer Service Plan approved by
the Board on April 10, 2001 - action requested - WAIVE
READING OF THE ORDINANCE.
22. Introduction of a Salary Ordinance Amendment - the
District Attorney-Family Support Division has requested
the Personnel Department prepare a salary ordinance
amendment which creates the classification of Chief Child
Support Attorney (Step 1 [$33.67] - Step 5 [$40.92]) to
the Salary Plan for Classified Positions, Reference F,
Management, Confidential and Supervisory Unit
Classifications. The position is being created in
preparation for the transition of the Family Support
Division to its own department - action requested - WAIVE
READING OF THE ORDINANCE.
Page 160 April 24, 2001
April 24, 2001
O1-114 23. Resolution Establishing the Recognition of wildfire
Awareness week - Board approval is requested by the Fire
Department for a resolution establishing the Recognition
of wildfire Awareness week, May 13-19, 2001 - action
requested - ADOPT RESOLUTION O1-043 AND AUTHORIZE THE
CHAIR TO SIGN.
24. State water Resources Control Board - Chico Urban Area
Nitrate Compliance Program - Board approval is requested
by the Administrative Office for a grant application to
the Small Communities Grant Program administered by the
State water Resources Control Board, for funds to assist
in the installation of necessary public improvements in
the unincorporated territory of the Chico Urban Area
north of Eaton Road. Proposed is an initial planning
grant application with a total maximum allowance of
$113,000 - action requested - ADOPT RESOLUTION O1-044
AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND
AUTHORIZE THE CHAIR TO SIGN.
25. State Department of Mental Health - Performance
Contract - Board approval is requested by the Butte
County Department of Behavioral Health for an agreement
with the State Department of Mental Health for the
provision of inpatient hospital services to the acutely
mentally ill. The term of the agreement is July 1, 2000,
through June 30, 2001. There is no cost to the County
for this mandated performance contract - action
requested - ADOPT RESOLUTION O1-045 APPROVING AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12007)
26. Sacramento Valley Family Services - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with
Sacramento Valley Family Services for the provision of
Therapeutic Behavioral Services to County clients. The
amendment provides for language clarification with
regards to compensation criteria, hourly rate, and limits
of the maximum monthly payment for each claim. All other
terms and provisions, including the term and the maximum
amount payable, remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11739)
Page 161 April 24, 2001
April 24, 2001
01-114 27. Butte County Department of Behavioral Health/Butte County
Department of Public Health - Memorandum of
Understanding - Board approval is requested by the Butte
County Department of Behavioral Health for a Memorandum
of Understanding (MOU) with the Butte County Department
of Public Health to provide for the collaborative
implementation of a comprehensive System of Care to
children and families. The term of the agreement is
July 1, 2000, through June 30, 2003, with a maximum
amount payable to the Public Health Department of
$180,000 (department budget) over the multi year term -
action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO
SIGN; AND AUTHORIZE THE AUDITOR TO TRANSFER FUNDS FROM
BEHAVIORAL HEALTH TO PUBLIC HEALTH.
28. Northern California Breast Cancer Partnerships Grant -
Board approval is requested by the Library to apply to
the Northern California Breast Cancer Partnership for a
grant in the amount of $3,000 for funds to purchase
materials and programs to educate the public about breast
cancer - action requested - APPROVE SUBMISSION OF GRANT
APPLICATION.
29. Butte County Probation Department/Butte County District
Attorney/Butte County Sheriff's Office - Memorandum of
Understanding - Board approval is requested by the
Probation Department for a Memorandum of Understanding
(MOU) with the Butte County District Attorney and the
Butte County Sheriff's Office for the implementation of
the Butte County warrant Team Program. The Probation
Department has received a Bureau of Justice Assistance
Local Law Enforcement Block Grant in the amount of
$75,547 for the program. A portion of the grant funding
will be utilized to fund one term full-time equivalent
Investigative Assistant position within the District
Attorney's Office. The grant does require an in-kind
match of $8,395 which will be provided equally by each
department's personnel at no cost to the County. The
term of the MOU is September 1, 2000, through
August 31, 2002 - action requested - APPROVE BUDGET
TRANSFER B-303 (4/5 vote required) ACCEPTING AND
APPROPRIATING GRANT FUNDS; AND APPROVE MOU AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
30. Ray Bowen - Amendment - Board approval is requested by
the Probation Department for an amendment to the lease
agreement with Ray Bowen for the property located at 585
Manzanita Avenue, Suite 2B, Chico. The amendment extends
the term of the agreement through June 30, 2002, at the
continued lease rate of $1,322.09 per month (department
budget) - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11417)
Page 162 April 24, 2001
April 24, 2001
01-114 31. Ray Bowen - Amendment - Board approval is requested by
the Probation Department for an amendment to the lease
agreement with Ray Bowen for the property located at 585
Manzanita Avenue, Suite 3, Chico. The amendment extends
the term of the agreement through June 30, 2002, at the
continued lease rate of $1,111.88 per month (department
budget) - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11543)
32. Physical and Occupational Therapy Services - Amendments -
Board approval is requested by the Public Health
Department for amendments to the agreements with several
physical and occupational therapists for the provision of
services to eligible children under the California
Children's Services program. As a result of the
increased need for services, the amendments increase the
maximum amounts payable as follows: Teresa wood-Hansen -
$4,000 (Contract No. X11669); Susan McManus - $7,000
(Contract No. X11666); Monica Schwartz - $4,000 (Contract
No. X11668); and Bonnie Deer - $5,000 (Contract
No. X11665). All other terms and provisions remain the
same. Funding for the amendments is available in the
department's current year budget - action requested -
APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
33. CALFED watershed Program - the CALFED watershed Program
has released a Request For Proposal for funding for
watershed projects and programs. Two watershed groups
within Butte County, the Cherokee watershed Group and the
Butte Creek watershed Conservancy, have been requested to
submit a full grant proposal for consideration. Both
agencies are requesting Board approval to have the County
act as their fiduciary agent, and to assume the
administrative duties associated with the grant funding -
action requested - ACCEPT THE RECOMMENDATION OF THE
DEPARTMENT OF WATER AND RESOURCE CONSERVATION AND APPROVE
THE GRANT PROPOSALS FOR SUBMISSION TO THE CALFED
WATERSHED PROGRAM, WITH THE COUNTY ACTING AS THE
FIDUCIARY AGENT.
34. Regents of the University of California-Davis -
Amendment - Board approval is requested by the welfare
Department for an amendment to the agreement with the
Regents of the University of California-Davis, for the
provision of training services to County staff. The
amendment adds three additional days of training, and
increases the maximum amount payable by $8,700
(department budget). All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11708)
Page 163 April 24, 2001
April 24, 2001
O1-114 35. Child Support Services - Transition Plan - on
March 27, 2001, the Board adopted an ordinance
establishing the Butte County Department of Child Support
Services. The establishment of a new, independent
department of Child Support Services is mandated by the
State, and there will be no general fund cost to the
County for the operation of the department. As part of
the transition process, the District Attorney-Family
Support Division and the Administrative Office submit a
draft transition plan. The plan provides highlights of
the transition and details the tasks accomplished to
date, and those to be accomplished prior to the
transition date. After Board approval, the transition
plan will be submitted to the State Department of Child
Support Services as required by law - action requested -
APPROVE DRAFT TRANSITION PLAN AND AUTHORIZE THE DISTRICT
ATTORNEY TO SIGN; AND DIRECT THE DISTRICT ATTORNEY AND
CHIEF ADMINISTRATIVE OFFICER TO SUBMIT THE PLAN TO THE
STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES.
36. County Service Areas - Street Lighting - Report to the
Board - the Public works Department submits a report on
the various County Service Areas that provide street
lighting services, and how these areas may be affected by
the rising cost of electricity - action requested -
ACCEPT FOR INFORMATION.
37. CalWORKs County Plan Update - Board approval is requested
by the welfare Department to certify the Butte County
Community Service Plan Addendum and approve the
attachments on the welfare-to-work Grant Program Addendum
and the CalWORKs County Plan - action requested - CERTIFY
THE COMMUNITY SERVICE PLAN ADDENDUM; APPROVE THE WELFARE-
TO-WORK GRANT ADDENDUM; AND APPROVE THE REVISED BUTTE
COUNTY CALWORKS PLAN.
38. Social Security Income/Social Security Supplemental
(SSI/SSP) Advocacy Program Request For Proposal - Board
approval is requested by the welfare Department to issue
a Request For Proposal for an SSI/SSP Advocacy Program.
The department will seek proposals from contractors,
including advocacy agencies within Butte County, to
provide legal services and outreach supportive services
to participants referred through the SSI/SSP application
and/or appeal process. The welfare Department
anticipates utilizing $125,000 of TANF Fiscal Incentive
Funds per fiscal year for the SSI/SSP Advocacy Program -
action requested - APPROVE THE WELFARE DEPARTMENT'S
ISSUANCE OF A REQUEST FOR PROPOSAL FOR THE SSI/SSP
ADVOCACY PROGRAM.
Page 164 April 24, 2001
April 24, 2001
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.24 AND 3.38.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
O1-115 Matters on which Public Hearings Have Been Held and Motions of
Intent Have Been Adopted - Joint Actions and Resolution
Amending the Butte County General Plan - Russell General Plan
Amendment (GPA Ol-Ol); Mooretown Rancheria General Plan
Amendment and Rezone (GPA/RZ 99-03); Schuster General Plan
Amendment and Rezone (GPA/RZ O1-05) and Tentative Subdivision
Map (APL 01-06, TSM 00-03) - consideration of the actions
needed to implement the Motions of Intent passed by the Board
on February 27, 2001, March 13, 2001, and March 27, 2001 -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. RUSSELL GENERAL PLAN AMENDMENT (GPA Ol-Ol)
A. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR
REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE
CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED
STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL
NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT
ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY
SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES
PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH
THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN;
C. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE
STAFF REPORT DATED APRIL 24, 2001, FIND THE GENERAL
PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION
65358;
Page 165 April 24, 2001
April 24, 2001
O1-115 1. D. SUBJECT TO FINDINGS IV(A-D) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, ADOPT A JOINT
RESOLUTION AMENDING THE GENERAL PLAN FROM GRAZING
AND OPEN LAND TO AGRICULTURAL-RESIDENTIAL, ON
PROPERTY IDENTIFIED AS A 25-ACRE PORTION OF APN 073-
110-036, PLANNING DIVISION FILE GPA Ol-Ol AND
AUTHORIZE THE CHAIR TO SIGN;
2. MOORETOWN RANCHERIA GENERAL PLAN AMENDMENT AND REZONE
(GPA/RZ 99-03)
A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE PAYMENT OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR
REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE
CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED
STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL
NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT
ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY
SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES
PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH
THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN;
C. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE
STAFF REPORT DATED APRIL 24, 2001, FIND THAT THE
PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC
INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65358;
D. SUBJECT TO FINDINGS IV (A-G) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, ADOPT A JOINT
RESOLUTION AMENDING THE GENERAL PLAN FROM LOW
DENSITY RESIDENTIAL TO COMMERCIAL, AND ADOPT AN
ORDINANCE REZONING PROPERTY IDENTIFIED AS A 5.45
ACRE PORTION OF APN 036-310-162 FROM AR
(AGRICULTURAL RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL)
SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED
TO THE ZONING ORDINANCE AS EXHIBIT "A" IN THE STAFF
REPORT DATED APRIL 24, 2001, AND AUTHORIZE THE CHAIR
TO SIGN;
Page 166 April 24, 2001
April 24, 2001
O1-115 3. STEPHEN J. SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND
TENTATIVE SUBDIVISION MAP (GPA/RZ O1-05) AND (APL O1-06,
TSM 00-03)
A. SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR
REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE
CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED
STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL
NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT
ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY
SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES
PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH
THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN;
Page 167 April 24, 2001
April 24, 2001
O1-115 3. C. APPROVE FINDINGS SUPPORTING AN OVERRIDE OF THE
AIRPORT LAND USE COMMISSION'S FINDINGS OF
INCONSISTENCY OF TSM-00-03 AND GPA/RZ 00-05 WITH THE
1978 CHICO MUNICIPAL AIRPORT ENVIRONS PLAN, AS
AMENDED OCTOBER 21, 1998, AND DECEMBER 29, 1999, AS
DETAILED IN THE STAFF REPORT DATED APRIL 24, 2001
(4 /5 vote required). THE BOARD HEREBY MAKES THE
FINDINGS REQUIRED BY PUBLIC UTILITY CODE 21670 AND
21676 ET SEQ., AS SUPPORTED BY THOSE SPECIFIC
FINDINGS SET FORTH IN THE STAFF REPORT DATED
APRIL 24, 2001, WHICH FINDINGS ARE INCORPORATED
HEREIN AND SUPPORT THE CONCLUSION THAT APPROVAL OF
THE SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND
TENTATIVE SUBDIVISION MAP (SCHUSTER PROJECT), AS
DESIGNATED AND CONDITIONED, WILL NOT CREATE ANY NEW
NOISE AND SAFETY PROBLEMS NEAR THE CHICO MUNICIPAL
AIRPORT. FURTHERMORE, THE APPROVAL OF THE
SCHUSTER PROJECT, AS CONDITIONED, INCLUDES LAND USE
MEASURES THAT MINIMIZE THE PUBLIC'S EXPOSURE TO
EXCESSIVE NOISE, OVERFLIGHT AND SAFETY HAZARDS AND
PROVIDE AIRSPACE PROTECTION. THESE CONCLUSIONS ARE
SUPPORTED BY THE DETAILED INFORMATION CONTAINED IN
THE ADMINISTRATIVE RECORD. THEREFORE, THE APPROVAL
OF THE SCHUSTER PROJECT IS CONSISTENT WITH THE
PURPOSES OF ARTICLE 3.5 OF CHAPTER 4 OF PART I OF
DIVISION 9 OF THE PUBLIC UTILITIES CODE, AS STATED
IN PUBLIC UTILITY CODE SECTION 21670. (140)
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION. THIS ITEM WILL BE CONSIDERED AT THE MEETING OF
MAY 8, 2001.
O1-116 Redistricting Update and Presentation of Time Line for
Redistricting - Report to the Board - discussion of the
redistricting process and presentation of a suggested time line
for redistricting - action requested - DETERMINE THE
COMPOSITION OF THE COMMITTEE TO DEVELOP REDISTRICTING
RECOMMENDATIONS; ADOPT THE SUGGESTED TIME LINE FOR
REDISTRICTING; AND SET A PUBLIC HEARING TO SET CRITERIA FOR
DEVELOPMENT OF NEW SUPERVISORIAL BOUNDARIES AND TO RECEIVE
INPUT FROM THE PUBLIC. (186)
MOTION: I MOVE TO APPOINT SUPERVISORS JOSIASSEN AND YAMAGUCHI TO THE
SUPERVISORIAL REDISTRICTING COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT A REPRESENTATIVE FROM THE ADMINISTRATIVE
OFFICE, APPOINT AND DESIGNATE THE COUNTY CLERK AS THE PUBLIC
CONTACT FOR THIS PROCESS, APPOINT A MEMBER FROM PLANNING TO
ASSIST IN THE G.I.S. PROCESS, AND APPOINT A REPRESENTATIVE FROM
COUNTY COUNSEL TO ASSIST THE BOARD COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried)
Page 168 April 24, 2001
April 24, 2001
O1-116 MOTION: I MOVE TO SET A PUBLIC HEARING ON THE CRITERIA
DEVELOPMENT FOR MAY 8, 2001, AT 10:45 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-117 Appointments - Boards, Commissions, and Committees. (962)
1. Appointments to listed vacancies.
MOTION: I MOVE TO APPOINT MARK KIMMELSHUE, LANDOWNER PRIVATE WELL
REPRESENTATIVE, TO THE BUTTE COUNTY WATER COMMISSION TO A TERM
TO END MARCH 1, 2005.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-118 Update on legislative and budget activities. (1048) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
CONTINUED DISCUSSIONS ARE TAKING PLACE WITH PACIFIC GAS AND
ELECTRIC REGARDING THE OUTSTANDING PROPERTY TAX PAYMENTS DUE TO
THE COUNTY.
1. Letter of Support for Assembly Bill 40X (Steinberg) and
Senate Bill 5X (Sher) - Board approval is requested by
the Chief Administrative Office for a letter of support
for Assembly Bill 40X, which would appropriate $350
million for grants and loans to cities, counties, or
special districts, including school districts, to fund
energy efficiency and conservation projects in facilities
owned by those entities. Board approval is also
requested for a letter of support for Senate Bill 5X,
which would appropriate over $1 billion (with over $40
million for local governments) to implement energy
conservation and efficiency programs in the public and
private sectors - action requested - APPROVE LETTERS OF
SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
THE BOARD WAS INFORMED THAT THE GOVERNOR HAS ENACTED THE
PROPOSED LEGISLATION, AND ACTION ON THIS ITEM IS NO
LONGER DEEMED NECESSARY. NO BOARD ACTION TAKEN.
01-119 Butte County Adult Detention Facility Accreditation -
presentation by the Butte-Glenn Medical Society of a
certificate of two-year accreditation from the California
Medical Association-Institute for Medical Quality to the
Sheriff-Coroner for meeting medical standards for jail health
care - action requested - ACCEPT FOR INFORMATION. (1194)
PRESENTATION TO THE SHERIFF-CORONER BY JIMMY ROBERTS,
PRESIDENT, BUTTE GLENN MEDICAL SOCIETY.
SUPERVISOR HOUX NOT PRESENT.
Page 169 April 24, 2001
April 24, 2001
O1-120 Resolution Amending the Butte County Conflict of Interest
Code - consideration of a resolution amending the Butte County
Conflict of Interest Code, revising the designated employees
required to file, and revising the list of committees and
commissions whose members must file Conflict of Interest
Statements - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (1336)
MOTION: I MOVE TO ADOPT RESOLUTION O1-046 AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
O1-121 Proposition 12 Funds - Report to the Board - discussion
regarding the distribution of Proposition 12 funds for various
park and recreation related purposes - action requested - THE
ADMINISTRATIVE OFFICE RECOMMENDS THE BOARD DIRECT THE
APPROPRIATION OF THE COUNTY'S ALLOCATION OF PER CAPITA
PROPOSITION 12 FUNDS IN ACCORDANCE WITH THE PLAN OUTLINED IN
EXHIBIT "A" OF THE STAFF REPORT DATED APRIL 17, 2001. SHOULD
NEGOTIATIONS WITH THE PARADISE RECREATION AND PARK DISTRICT NOT
RESULT IN AN AGREEMENT WITH THE DISTRICT TO ASSUME THE COUNTY'S
OBLIGATION TO PROVIDE AND MAINTAIN VETERANS' MEETING
FACILITIES, THE $200,000 PROPOSED FOR THIS PURPOSE SHOULD BE
RETURNED TO THE BOARD FOR FURTHER CONSIDERATION. (1408) (**00)
BOARD DIRECTION THAT FURTHER DISCUSSIONS AND ADDITIONAL
INFORMATION BE PREPARED, INCLUDING A CONFERENCE CALL WITH THE
STATE, AND AN INVESTIGATION OF GRANT OPPORTUNITIES FOR THE
MEMORIAL HALLS, PRIOR TO ACTION TAKING PLACE ON THIS ITEM. THE
BOARD DID INDICATE ITS CONCEPTUAL AGREEMENT FOR THE PROPOSAL
FOR THE PARADISE MEMORIAL HALL.
LAURIE ANDERSON INFORMS THAT BOARD THAT SHE IS SERVING A
"FREEZE-FUNDING NOTICE" ON THE COUNTY.
BOARD DIRECTION THAT THE AGENDA OF MAY 8, 2001, INCLUDE AN ITEM
TO APPOINT A BOARD SUBCOMMITTEE FOR THE PROPOSITION 12 FUNDING
MATTER.
RECESS: 11:27 A.M.
RECONVENE: 11:40 A.M.
Page 170 April 24, 2001
April 24, 2001
Public Hearincrs and Timed Items
O1-122 Public Hearing - Formation of County Service Area No. 174
(Durham Land Estates) - consideration of a resolution approving
the formation of County Service Area (CSA) No. 174 (Durham Land
Estates) for the Durham Land Estates Subdivision, identified as
APN 039-460-024 and 040, and located 200' south of Durham
Dayton Highway, and 200' west of Holland Avenue, Durham
(supervisorial district 4). On April 5, 2001, the Local Agency
Formation Commission approved the formation of CSA No. 174 to
provide storm drain maintenance and street lighting services.
On February 28, 2001, the Board conducted a Property Owner
Ballot Proceeding pursuant to Proposition 218, and the proposed
resolution also establishes the maximum charges for the
services provided. The Public works Department is also
requesting the Board approve the final map for Durham Land
Estates Phase 1 - action requested - STAFF RECOMMENDS THE BOARD
TAKE THE FOLLOWING ACTIONS:
1. ADOPT A RESOLUTION APPROVING FORMATION OF CSA NO. 174,
DURHAM LAND ESTATES, AND ESTABLISHING THE MAXIMUM CHARGE
FOR THE SERVICES PROVIDED; AND
2. APPROVE FINAL MAP FOR DURHAM LAND ESTATES PHASE 1, ACCEPT
LOT A, SARAH ANN COURT, METZGER COURT, AND TRACY RANCH
ROAD AS OFFERED IN ITEMS 1 AND 2 OF THE OWNER'S
STATEMENT, ACCEPT EASEMENTS AS OFFERED IN ITEMS 3, 4, AND
5 OF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES
NAMED, AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION
AGREEMENT. (**2077)
PUBLIC HEARING OPENED: 11:41 A.M.
PUBLIC HEARING CLOSED: 11:41 A.M.
MOTION: I MOVE ADOPT RESOLUTION O1-047 APPROVING FORMATION OF
CSA NO. 174, DURHAM LAND ESTATES, AND ESTABLISHING THE MAXIMUM
CHARGE FOR THE SERVICES PROVIDED; AND FURTHER MOVE TO APPROVE
THE FINAL MAP FOR DURHAM LAND ESTATES PHASE 1, ACCEPT LOT A,
SARAH ANN COURT, METZGER COURT, AND TRACY RANCH ROAD AS OFFERED
IN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT, ACCEPT EASEMENTS AS
OFFERED IN ITEMS 3, 4, AND 5 OF THE OWNER'S STATEMENT ON BEHALF
OF THE ENTITIES NAMED, AND AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
Page 171 April 24, 2001
April 24, 2001
O1-123 Public Hearing - Roberta Kirshner - Use Permit Appeal -
consideration of an appeal of the Planning Commission's denial
of a modification to Use Permit 98-09 for the Barry R. Kirshner
wildlife Foundation, a non-profit organization (this is an item
on which notice of intent to adopt a negative declaration
regarding environmental impacts has been given) to allow eight
additional large wild or exotic cats, and to allow forty
additional wild or exotic animals that weigh 40 pounds or less.
This will result in a total of sixteen large wild or exotic
cats and forty-seven wild or exotic animals that weigh less
than 40 pounds. The existing Use Permit for the animal park
allows up to fifteen wild or exotic animals. Currently the
applicant has fifteen wild or exotic animals, with eleven of
those being of the cat family. Six 144 square-foot cages will
be added to the site. Several smaller cages will be added to
handle the proposed smaller animals. Anew 10-foot tall fence
will be placed around an existing fenced animal-training area
located in the southeast portion of the site. The new fence is
to provide additional safety when training animals in the open
area. The property is zoned A-10 (Agricultural - 10 acre
parcels) and is located on the south side of Laura Lane,
approximately 700 feet west of Lott Road, at 1843 Laura Lane,
Durham, and identified as APN 040-260-072 (SB [File No. UP 01-
10]) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE
OF THE FOLLOWING ALTERNATIVE ACTIONS:
1. SHOULD THE BOARD CHOOSE TO DENY THE APPEAL, STAFF
RECOMMENDS THE BOARD MAKE A MOTION OF INTENT TO DENY THE
APPEAL AND DIRECT STAFF TO RETURN WITH FINDINGS FOR
DENIAL; OR
2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL AND APPROVE
THE USE PERMIT, THE FOLLOWING ACTIONS SHOULD BE TAKEN:
A. SUBJECT TO FINDINGS IV (A-E) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF
REPORT DATED APRIL 24, 2001, UPHOLD APPEAL O1-08 FOR
ROBERTA R. KIRSHNER;
B. SUBJECT TO FINDINGS II(A-D) AS DETAILED IN THE
STAFF REPORT DATED APRIL 24, 2001, ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 (d) AND
14 CCR 753.5, AS THE PROPERTY DOES NOT CONTAIN ANY
FISH OR WILDLIFE HABITAT;
Page 172 April 24, 2001
April 24, 2001
O1-123 2. D. SUBJECT TO FINDING IV(A-E) AS DETAILED IN THE STAFF
REPORT OF APRIL 24, 2001, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF
REPORT DATED APRIL 24, 2001, APPROVE USE PERMIT
O1-10 FOR ROBERTA R. KIRSHNER TO ALLOW UP TO EIGHT
ADDITIONAL LARGE WILD OR EXOTIC ANIMALS (FOR A
MAXIMUM OF 16 LARGE ANIMALS ON THE SITE), AND UP TO
40 ADDITIONAL WILD OR EXOTIC ANIMALS THAT WEIGH LESS
THAN 40 POUNDS (FOR A TOTAL OF 47 SMALL ANIMALS ON
THE SITE), AND AUTHORIZE THE CHAIR TO SIGN.
(**2209) (***00)
PUBLIC HEARING OPENED: 11:47 A.M.
PUBLIC HEARING RECESSED: 12:34 P.M.
O1-124 CLOSED SESSION: THE BOARD RECESSED AT 12:34 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNCIL
REGARDING PUBLIC EMPLOYEE APPOINTMENT/
EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION
54957: INTERIM DIRECTOR-DEVELOPMENT SERVICES.
(***755)
RECONVENE: THE BOARD RECONVENED AT 1:16 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNCIL
R E G A R D I N G P U B L I C E M P L O Y E E
APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957: INTERIM DIRECTOR-
DEVELOPMENT SERVICES. (***774)
Public Hearincr and Timed Items
O1-125 Continued Public Hearing - Roberta Kirshner - Use Permit
Appeal - consideration of an appeal of the Planning
Commission's denial of a modification to Use Permit 98-09 for
the Barry R. Kirshner Wildlife Foundation, a non-profit
organization (this is an item on which notice of intent to
adopt a negative declaration regarding environmental impacts
has been given) to allow eight additional large wild or exotic
cats, and to allow forty additional wild or exotic animals that
weigh 40 pounds or less. This will result in a total of
sixteen large wild or exotic cats and forty-seven wild or
exotic animals that weigh less than 40 pounds. The existing
Use Permit for the animal park allows up to fifteen wild or
exotic animals. Currently the applicant has fifteen wild or
exotic animals, with eleven of those being of the cat family.
Six 144 square-foot cages will be added to the site. Several
smaller cages will be added to handle the proposed smaller
animals. A new 10-foot tall fence will be placed around an
existing fenced animal-training area located in the southeast
portion of the site. The new fence is to provide additional
safety when training animals in the open area . The property is
zoned A-10 (Agricultural - 10 acre parcels) and is located on
the south side of Laura Lane, approximately 700 feet west of
Lott Road, at 1843 Laura Lane, Durham, and identified as APN
040-260-072 (SB [File No. UP O1-10]) - action requested - STAFF
RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING ALTERNATIVE
ACTIONS:
Page 173 April 24, 2001
April 24, 2001
O1-125 1. SHOULD THE BOARD CHOOSE TO DENY THE APPEAL, STAFF
RECOMMENDS THE BOARD MAKE A MOTION OF INTENT TO DENY THE
APPEAL AND DIRECT STAFF TO RETURN WITH FINDINGS FOR
DENIAL; OR
2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL AND APPROVE
THE USE PERMIT, THE FOLLOWING ACTIONS SHOULD BE TAKEN:
A. SUBJECT TO FINDINGS IV (A-E) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF
REPORT DATED APRIL 2 4, 2 0 01, UPHOLD APPEAL O l- 0 8 FOR
ROBERTA R. KIRSHNER;
B. SUBJECT TO FINDINGS II(A-D) AS DETAILED IN THE
STAFF REPORT DATED APRIL 24, 2001, ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 (d) AND
14 CCR 753.5, AS THE PROPERTY DOES NOT CONTAIN ANY
FISH OR WILDLIFE HABITAT;
D. SUBJECT TO FINDING IV (A-E) AS DETAILED IN THE STAFF
REPORT OF APRIL 24, 2001, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF
REPORT DATED APRIL 24, 2001, APPROVE USE PERMIT 01-
10 FOR ROBERTA R. KIRSHNER TO ALLOW UP TO EIGHT
ADDITIONAL LARGE WILD OR EXOTIC ANIMALS (FOR A
MAXIMUM OF 16 LARGE ANIMALS ON THE SITE), AND UP TO
40 ADDITIONAL WILD OR EXOTIC ANIMALS THAT WEIGH LESS
THAN 40 POUNDS (FOR A TOTAL OF 47 SMALL ANIMALS ON
THE SITE), AND AUTHORIZE THE CHAIR TO SIGN.
(***775) (****00)
PUBLIC HEARING OPENED: 11:47 A.M. (See 01-123)
PUBLIC HEARING RECESSED: 12:34 P.M.
PUBLIC HEARING RECONVENED: 1:16 P.M.
PUBLIC HEARING CLOSED: 2:40 P.M.
Page 174 April 24, 2001
April 24, 2001
O1-125
VOTE
MOTION: SUBJECT TO FINDINGS IV(A-E) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF
REPORT DATED APRIL 24, 2001, I MOVE TO UPHOLD APPEAL
O1-08 FOR ROBERTA R. KIRSHNER; SUBJECT TO FINDINGS
II (A-D) AS DETAILED IN THE STAFF REPORT DATED
APRIL 24, 2001, MOVE TO ADOPT A NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE
DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT
CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE
OR THEIR HABITAT AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4 (d) AND 14 CCR 753.5, AS
THE PROPERTY DOES NOT CONTAIN ANY FISH OR WILDLIFE
HABITAT; SUBJECT TO FINDING IV (A-E) AS DETAILED IN
THE STAFF REPORT OF APRIL 24, 2001, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF
THE STAFF REPORT DATED APRIL 24, 2001, FURTHER MOVE
TO APPROVE USE PERMIT O1-10 FOR ROBERTA R. KIRSHNER
AS AMENDED TO ALLOW THE ADDITION OF ONE SNOW
LEOPARD, AND UP TO 20 ADDITIONAL WILD OR EXOTIC
ANIMALS THAT WEIGH LESS THAN 40 POUNDS, AND
AUTHORIZE THE CHAIR TO SIGN.
S M
l Y 2 N 3 NP 4 Y 5 Y (Motion Carried)
RECESS
RECONVENE
2:55 P.M.
3:08 P.M.
Page 175 April 24, 2001
April 24, 2001
Public Hearincr and Timed Items
O1-126 Continued Public Hearing - Cary Gunn - Use Permit/Mining Permit
and Reclamation Plan (Roger and Vicky Stauffer) - consideration
of an appeal of the Planning Commission's approval of a Use
Permit and Mining Permit/Reclamation Plan (this is a project on
which a negative declaration with mitigation measures regarding
environmental impacts has been recommended) to operate a
surface aggregate mine. The proposed mine operation involves
the extraction and processing of alluvial gravel from the
42-acre mine site in a series of 5 phases, with an average size
of 8.4 acres each. The mine will be operated intermittently.
Mining will occur on an upland terrace of Dry Creek.
Production will equal approximately 50,000 to 250,000 tons per
year, with a total estimated production of 650,000 tons of
material. The mined material will be processed by a portable
rock crusher and screen into various products. The processed
material will be hauled off-site, via Wheelock Road. Each
phase will be mined-out in approximately 6 months to 2 years,
with the conclusion of all mining occurring in 2 to 8 years
after permit approval. The expected termination date of the
mine is November 2008. A Reclamation Plan has been submitted
in accordance with the State Surface Mining and Reclamation
Act. After final mining is completed, and the plan grade for
each phase is achieved, the site shall be reclaimed to a
condition that will allow for grazing uses. The final
reclaimed condition of the mine site will result in a vegetated
depression of 8 feet, with a gradual slope from the perimeter
of the mined area, contoured to match the surrounding terrain.
The proposed 42-acre mine site is located within a 536-acre
parcel of the Lucky 7 Ranch, and lies on the south terrace of
Dry Creek, west of and adjacent to Wheelock Road approximately
one-third mile north of the intersection of Wheelock Road and
State Highway 70 in the Pentz area, and identified as APN 041-
120-115 (DB [File # MIN 98-02]) - action requested - SHOULD THE
BOARD CHOOSE TO APPROVE THE PROJECT, STAFF RECOMMENDS THE BOARD
TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, ADOPT A MITIGATED NEGATIVE
DECLARATION;
2. REQUIRE THE COLLECTION OF FEES PURSUANT TO FISH AND
GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE
DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE AND THEIR
HABITAT;
3. SUBJECT TO FINDINGS III(Al-8) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT
DATED APRIL 24, 2001, DENY APPEAL O1-03 AND APPROVE
MINING PERMIT 98-02. (FROM 3-27-O1 [5.02]) (****1211)
Page 176 April 24, 2001
April 24, 2001
O1-026 PUBLIC HEARING RECONVENED: 3:11 P.M.
PUBLIC HEARING CLOSED: 4:21 P.M.
MOTION: I MOVE SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED APRIL 24, 2001, TO ADOPT A MITIGATED NEGATIVE
DECLARATION; REQUIRE THE COLLECTION OF FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE
DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE AND THEIR HABITAT;
AND FURTHER MOVE, SUBJECT TO FINDINGS III(Al-8) AS DETAILED IN
THE STAFF REPORT DATED APRIL 24, 2001, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
APRIL 24, 2001 AS AMENDED; MODIFYING CONDITION 27 TO READ,
"APPLICANT OR ANY OPERATOR OTHER THAN THE OWNER AGREES TO ENTER
INTO AN INDEMNIFICATION AGREEMENT TO INDEMNIFY THE COUNTY OF
BUTTE FROM LIABILITY OR LOSS RELATED TO THE APPROVAL OF THIS
PROJECT IN A FORM APPROVED BY COUNTY COUNSEL"; AND AMENDING
CONDITION 13 TO PROVIDE FOR THE BOND AMOUNT TO BE PRORATED
BASED ON THE STAGES OF THE PROJECT, AND INCLUDING LANGUAGE TO
THE CONDITION AS FOLLOWS, "PHASES 1 THROUGH 5 MAY BE BONDED
INDIVIDUALLY OR IN COMBINATION OF TWO ON A PRO-RATA BASIS OF
THE FULL BOND AMOUNT", FURTHER MOVE TO DENY APPEAL O1-03 AND
APPROVE MINING PERMIT 98-02.
S M
VOTE: l Y 2 N 3 NP 4 Y 5 Y (Motion Carried)
Regular Agenda
01-127 Department of Social welfare - 2000 Annual Report on Adult and
Children's Services - presentation to the Board highlighting
the Butte County Adult and Children's Services programs -
action requested - ACCEPT FOR INFORMATION. (*****978)
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION. THIS ITEM WILL RETURN TO THE AGENDA OF MAY 8, 2001.
O1-128 Transit Consolidation Study - Summary Report - presentation of
a summary report and recommendations prepared by the Butte
County Association of Governments regarding consolidation of
transit services - action requested - ACCEPT THE TRANSIT
CONSOLIDATION STUDY SUMMARY REPORT; AND APPOINT A BOARD MEMBER
REPRESENTATIVE TO ATTEND THE BUTTE COUNTY ASSOCIATION OF
GOVERNMENTS' WORKSHOPS ON POLICY LEVEL ISSUES FOR CONSOLIDATING
TRANSIT SERVICES. (*****980)
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION. THIS ITEM WILL RETURN TO THE AGENDA OF MAY 8, 2001.
Page 177 April 24, 2001
April 24, 2001
O1-129 Fee waiver for Additional Monitoring wells - consideration of
a waiver of well permit fees for thirteen new monitoring wells
within Butte County - action requested - ACCEPT THE
RECOMMENDATION OF THE WATER AND RESOURCE CONSERVATION
DEPARTMENT AND WAIVE ALL ASSOCIATED WELL PERMIT FEES FOR
THIRTEEN ADDITIONAL NON-PRODUCING MONITORING WELLS. (*****985)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE WATER AND RESOURCE
CONSERVATION DEPARTMENT AND WAIVE ALL ASSOCIATED WELL PERMIT
FEES FOR THIRTEEN ADDITIONAL NON-PRODUCING MONITORING WELLS.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
O1-130 Implementation of Assembly Bill 2838 - Local Agency Formation
Commission Funding Apportionment - discussion of County funding
contributions to the Local Agency Formation Commission
(LAFCo) - action requested - FIND THAT BUTTE COUNTY'S FISCAL
CONSTRAINTS PRECLUDE ITS ABILITY TO OBLIGATE ADDITIONAL GENERAL
PURPOSE REVENUE TO LAFCo OPERATIONS BEYOND THE 1/3 SHARE OF
LAFCo's BUDGETED COSTS AS ESTABLISHED BY ASSEMBLY BILL 2838.
(*****1956)
MOTION: I MOVE TO ACCEPT THE FUNDING LAFCO DISTRIBUTION OF 45o COUNTY,
45o CITIES AND TOWNS, AND loo SPECIAL DISTRICTS, WITH A YEARLY
REVIEW OF THE THAT DISTRIBUTION.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
O1-131 Items removed from the Consent Agenda for Board consideration
and action. (*****3166)
1. Non-Discrimination Policy and Procedure - Board approval
is requested by the Personnel Department and County
Counsel for a Non-Discrimination Policy and Procedure.
The purpose of the policy and procedure is to establish
a strong, effective Civil Rights Policy and Procedure; to
encourage all citizens and employees to utilize all
internal remedies available; to minimize complaints
through preventive education, training, and
communication; to achieve early and enduring resolution
of complaints; and to gain support for Civil Rights
compliance - action requested - ADOPT POLICY.
MOTION: I MOVE TO ADOPT THE POLICY, AS AMENDED; MODIFYING PAGE 3 UNDER
THE SECTION ENTITLED "RESPONSIBILITY": ADDING, "COUNTY ELECTED
OR APPOINTED OFFICIALS, ADMINISTRATIVE OFFICERS, SUPERVISORS,
MANAGERS, AND ADMINISTRATIVE PERSONNEL MUST CONSIDER ANY
EMPLOYEE INFORMATION, EVEN IF IT IS GIVEN IN CONFIDENCE, AS A
COMPLAINT, AND ACT ACCORDINGLY."
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
Page 178 April 24, 2001
April 24, 2001
O1-132 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.) (*****3325)
(NONE )
O1-133 CLOSED SESSION: THE BOARD RECESSED AT 5:25 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
R E G A R D I N G P U B L I C E M P L O Y E E
APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957: INTERIM DIRECTOR-
DEVELOPMENT SERVICES. (ALL OTHER CLOSED
SESSION ITEMS WERE REMOVED FROM THE AGENDA
WITHOUT BOARD DISCUSSION OR ACTION.)
(*****3328)
RECONVENE: THE BOARD RECESSED AT 5:40 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
R E G A R D I N G P U B L I C E M P L O Y E E
APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957: INTERIM DIRECTOR-
DEVELOPMENT SERVICES. (ALL OTHER CLOSED
SESSION ITEMS WERE REMOVED FROM THE AGENDA
WITHOUT BOARD DISCUSSION OR ACTION.)
(*****3330)
Communications
O1-134 Communications received and referred. (A LISTING AND COPIES OF
COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE
LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD' S OFFICE . )
1. Marsh L. Berkbigler, Regional Director of Government
Affairs, AT&T Broadband, writes to the Administrative
Office to inform the County of changes to service
delivery in the Oroville area.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 5:40 P.M.
TO RECONVENE AT A REGULAR MEETING OF THE BOARD
TO BE HELD TUESDAY, MAY 8, 2001, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER
AND CLERK OF THE BOARD OF SUPERVISORS
BY:
Page 179 April 24, 2001