HomeMy WebLinkAboutM042500BOARD 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
April 25, 2000
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors present:
Beeler, Houx, Davis, and Chair Dolan. Supervisors not present:
Josiassen. 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 - David Wallace, Minister, Church of Christ, Paradise.
SUPERVISOR JOSIASSEN PRESENT.
00-135 Items removed from the Consent Agenda for Board consideration and
action. (55)
1. 1999 Adult and Children's Services Annual Report - the Director
of Social welfare submits the annual report - action
requested - ACCEPT FOR INFORMATION.
Consent Acrenda
00-136 1. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS
B-297 (BUILDINGS AND GROUNDS); B-293 (DEVELOPMENT SERVICES);
B-298 (BEHAVIORAL HEALTH) AND B-299 (PLANNING/APPROPRIATIONS
FOR CONTINGENCIES). (All budget transfer listed above, with the
exception of B-298, require a 4/5 vote.)
2. County Library Donations - in accordance with Government Code
Section 25355, donations of $1,845 from Chico Friends of the
Library, $1,500 from Paradise Friends of the Library, $973 from
Oroville Friends of the Library, $195 in anonymous donations,
and $100 from Pamela Tompkins 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.
3. Gridley-Biggs Cemetery District - action requested - REAPPOINT
LARENCE D. HAMMAN, TRUSTEE, TO A TERM TO END MAY 1, 2004.
Page 121 April 25, 2000
April 25, 2000
00-136 4. Williamson Act Revisions - Board approval is requested by the
Development Services Department for a resolution which would
revise the County's Williamson Act procedures and rules
pursuant to the recommendations of the Land Conservation Act
Committee - action requested - ADOPT RESOLUTION 00-49 AND
AUTHORIZE THE CHAIR TO SIGN.
5. Surplus Property - Radio Consoles - the Sheriff's Office has
transferred four Motorola radio dispatch consoles (fixed asset
nos. 21383, 21384, 21385, and 21386) to surplus property. The
consoles are no longer utilized by the department - action
requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY
AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY.
6. Award of Bid 92-00 - Fire Engine - bids have been received for
the purchase of a fire engine for the Fire Department with the
low bidder being Hi Tech Emergency Vehicle Services in the
amount of $275,380.25. The bid exceeds the $250,000 budget
allocation contained in the fiscal year 1999-2000 final budget,
and Board approval is requested by the Fire Department for a
budget transfer of department funds in the amount of $26,000 to
complete the purchase - action requested - APPROVE BUDGET
TRANSFER B-295; AND AWARD BID.
7. Sale of Aircraft - Board approval is
Services Director to set a minimum
(cash) for a Cessna T210M previously
authorize the sale of the aircraft
requested - SET MINIMUM SALES PRICE
SALE BY SEALED BID.
requested by the General
sales price of $120,000
declared surplus, and to
by sealed bid - action
~F $120,000 AND AUTHORIZE
8. Relief of Accountability - Board approval is requested by the
Public works Department for relief of accountability for a bus
shelter (fixed asset no. 25928) which was damaged beyond repair
as a result of a hit and run accident. The District Attorney
and Auditor-Controller have reviewed the request - action
requested - GRANT RELIEF OF ACCOUNTABILITY.
9. Tax and Revenue Anticipation Notes (TRAM) - Fiscal Year 2000-
2001 - the Treasurer-Tax Collector is requesting Board approval
to participate in the fiscal year 2000-2001 California Cash
Flow Financing Program issuance of Tax and Revenue Anticipation
Notes. The maximum feasible amount is to be determined by the
Treasurer-Tax Collector and the Auditor-Controller, but will
not exceed $20,000,000 - action requested - ADOPT RESOLUTION
00-50 AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR
FISCAL YEAR 2000-2001 AND THE ISSUANCE AND SALE OF A 2000-2001
TAX AND REVENUE ANTICIPATION NOTE AND APPROVING PARTICIPATION
IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE TREASURER-TAX
COLLECTOR TO SIGN DOCUMENTS NECESSARY TO COMPLETE A SUCCESSFUL
TRAN ISSUANCE.
Page 122 April 25, 2000
April 25, 2000
00-136 10. Introduction of an Ordinance Delegating Investment Authority to
the Treasurer-Tax Collector - Board approval is requested by
the Treasurer-Tax Collector for an annual ordinance amending
Butte County Code Section 2-166, delegating investment
authority to the Butte County Treasurer-Tax Collector for the
fiscal year 2000-2001 pursuant to Government Code Section
53607 - action requested - WAIVE READING OF THE ORDINANCE.
11. Cash Report - the Auditor-Controller submits a report of cash
accounts (shortages/overages) for the period of July 1, 1999,
through December 31, 1999, in accordance with Resolution 79-125
and Government Code Section 29380.1 - action requested - ACCEPT
FOR INFORMATION.
12. Monthly Investment Report - the Treasurer-Tax Collector submits
the March 31, 2000, report in accordance with the Butte County
Statement of Investment Policy dated July 1, 1999 - action
requested - ACCEPT FOR INFORMATION.
13. State Department of Food and Agriculture - Board approval is
requested by the Agricultural Commissioner to accept and
appropriate unanticipated State Department of Food and
Agriculture funds in the amount of $224,086.81. The funds are
the result of a revised funding formula for unclaimed gas tax
allocations. The Agricultural Commissioner is requesting that
$124,050 of the unanticipated funds be appropriated to the
Agriculture Department, with the remainder of the funds to be
appropriated to the General Fund. The Agricultural Commissioner
is also requesting Board approval to utilize the new funds to
purchase one time fixed assets as detailed in the agenda
report. These items include replacements for old desks,
computers, windows, and bay doors for the Oroville garage -
action requested - APPROVE BUDGET TRANSFER B-294 (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE;
AND APPROVE PURCHASE OF FIXED ASSET ITEMS.
14. Adoption of a Salary Ordinance Amendment - the District
Attorney-Family Support Division has requested the Personnel
Department prepare a salary ordinance amendment which adds one
position of Administration Analyst III, one position of
Administrative Analyst II/I, and one position of Auditor-
Accountant I. Funding for these positions is available
utilizing funds received from the AB 1111-Child Support
Program - action requested - ADOPT ORDINANCE 3600 AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 4-11-00 [3.17])
Page 123 April 25, 2000
April 25, 2000
00-136 15. Adoption of an Ordinance Amending Chapter 31B of the Butte
County Code - Board approval is requested by the Public works
Department for an ordinance which amends Chapter 31B of the
Butte County Code entitled, "Solid waste Collection in the
Chico Urban Area" , to delete the authority given to the City of
Chico pursuant to the termination of the Joint Powers Agreement
with the City of Chico which will become effective
July 1, 2000 - action requested - ADOPT ORDINANCE 3601 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-11-00 [3.18])
16. Introduction of a Salary Ordinance Amendment - the Probation
Department has requested the Personnel Department prepare a
salary ordinance amendment which adds one position of
Administrative Analyst III/II/I. Funding for this position is
available in the department's current year budget. Future
funding for this position will be provided by Title IV-E funds
and Temporary Assistance for Needy Families incentive funds -
action requested - WAIVE READING OF THE ORDINANCE.
17. Resolution Honoring the Knights of Columbus - Supervisor Houx
has submitted a resolution honoring the Knights of Columbus
Fourth Degree in celebration of 100 years of dedication to the
principle of patriotism - action requested - ADOPT RESOLUTION
00-51 AND AUTHORIZE THE CHAIR TO SIGN.
18. Resolution Delegating Authority to Risk Manager to Reject Tort
Claims - Board approval is requested by the Risk Manager and
County Counsel for a resolution which would delegate authority
to the Risk Manager to reject or return tort claims after
consultation with County Counsel - action requested - ADOPT
RESOLUTION 00-52 AND AUTHORIZE THE CHAIR TO SIGN.
19. Resolution Authorizing County Representatives to Acquire
Federal Surplus Property - Board approval is requested by the
General Services Director for a resolution which will authorize
designated County employees in various departments to acquire
federal surplus property from the California State Agency for
Surplus Property - action requested - ADOPT RESOLUTION 00-53
AND AUTHORIZE THE CHAIR TO SIGN.
20. Award of Bid for Reconstruction of River Road Bridge Across Big
Chico Creek; Federal Project No. BRLO-5912(027); County Project
No. 41123-90-1 - the project will consist of the construction
of a 204'6" three span cast-in-place prestressed box girder
type highway bridge - action requested - AWARD CONTRACT
TO LOw BIDDER, BENCO CONTRACTING & ENGINEERING, INC., OF ELK
GROVE, AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 124 April 25, 2000
April 25, 2000
00-136 21. Resolution Requesting Alternative Construction Progress Payment
Procedure for Reconstruction of Neal Road From 3.0 Miles to 4.7
Miles East of State Route 99 - Board approval is requested by
the Public works Department for a resolution which would allow
advance State Transportation Improvement Program funding for
the reconstruction of Neal Road project. This procedure will
allow the department to invoice for project expenditures in an
estimated amount 30 days in advance - action requested - ADOPT
RESOLUTION 00-54 AND AUTHORIZE THE CHAIR TO SIGN.
22. Resolution Requesting Alternative Construction Progress Payment
Procedure for Roadway Rehabilitation on Skyway from Ponderosa
way to Nimshew Road - Board approval is requested by the Public
works Department for a resolution which would allow advance
State Transportation Improvement Program funding for the
roadway rehabilitation project on Skyway from Ponderosa way to
Nimshew Road. This procedure will allow the department to
invoice for project expenditures in an estimated amount 30 days
in advance - action requested - ADOPT RESOLUTION 00-55 AND
AUTHORIZE THE CHAIR TO SIGN.
23. State Department of Food and Agriculture - Board approval is
requested by the Agricultural Commissioner for a revenue
agreement with the State Department of Food and Agriculture for
the provision of high risk pest exclusion work plans . The State
will reimburse the County based on monthly invoices submitted
by the County. The term of the agreement is July 1, 1999,
through June 30, 2000, with a maximum amount payable to the
County of $37,299.95 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40201)
24. Private Industry Council (PIC) - Board approval is requested by
the Administrative Office for an agreement with the Private
Industry Council for the provision of management services for
the Southside Oroville Community Center. The term of the
agreement is 72 months, with a provision for automatic year-to-
year renewals unless terminated by the parties. PIC will
provide the management services without compensation - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11597)
Page 125 April 25, 2000
April 25, 2000
00-136 25. Tri-County Economic Development Corporation - Amendment - Board
approval is requested by the Administrative Office for an
amendment to the agreement with Tri-County Economic Development
Corporation to serve as project manager for the construction of
the Southside Oroville Community Center. The amendment extends
the term to September 30, 2001, or until all grant conditions
have been fulfilled. Board approval is also requested for a
budget transfer to accept and appropriate additional program
income to cover the cost of the extension - action requested -
APPROVE BUDGET TRANSFER B-296 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED PROGRAM INCOME; AND APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X10864)
26. Speedware/Visionyze.com - Board approval is requested by the
Butte County Department of Behavioral Health for an agreement
with Speedware/Visionyze.com for the provision of Substance
Abuse and Mental Health (SAMH) software and support. The term
of the agreement is May 1, 2000, through June 31, 2001, with a
maximum amount payable of $86,465 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11599)
27. Glenn County Health Services - Board approval is requested by
the Butte County Department of Behavioral Health (BCDBH) for a
revenue agreement with Glenn County Health Services for the
provision of acute psychiatric inpatient care services to
residents of Glenn County referred to the BCDBH Psychiatric
Health Facility. The term of the agreement is July 1, 1999,
through June 30, 2000, with a maximum amount payable to the
County of $80,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40212)
28. T.W. DuFour and Associates - Lease Agreement - 500 Cohasset
Road, Suite 25, Chico - Board approval is requested by the
Butte County Department of Behavioral Health for a lease
agreement with T.W. DuFour and Associates for the property
located at 500 Cohasset Road, Suite 25, Chico. The site will
be utilized by the Youth Services Division-Systems of Care and
Evaluations staff. The term of the agreement is May 1, 2000,
through April 30, 2010, with a maximum amount payable of
$206,675.98 (department budget) for the multi-year term. The
maximum amount payable for fiscal year 1999-2000 will not
exceed $35, 043. The lease also provides for infill costs to the
department in an amount not to exceed $35,043 (department
budget), with T.W. DuFour providing free rent for a 5 month
period as its contribution towards infill costs - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Page 126 April 25, 2000
April 25, 2000
00-136 29. T.W. DuFour and Associates - Lease Agreement - 500 Cohasset
Road, Suite 27, Chico - Board approval is requested by the
Butte County Department of Behavioral Health for a lease
agreement with T.W. DuFour and Associates for the property
located at 500 Cohasset Road, Suite 27, Chico. he site will be
utilized by the Youth Services Division-Homeless Emergency
Runaway Effort program. The term of the agreement is
May 1, 2000, through April 30, 2010, with a maximum amount
payable of $215,913.86 (department budget) for the multi-year
term. The maximum amount payable for fiscal year 1999-2000
will not exceed $42,199.83. The lease also provides for infill
costs to the department in an amount not to exceed $42,199.83
(department budget), with T.W. DuFour providing free rent for
a 5 month period as its contribution towards infill costs -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
30. T.W. DuFour and Associates - Lease Agreement - 500 Cohasset
Road, Suite 28, Chico - Amendment A - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the lease agreement with T.W. DuFour and
Associates for the property located at 500 Cohasset Road,
Suite 28, Chico. The site is utilized by the Youth Services
Division-Psychological Testing staff. The amendment includes
the addition of infill costs in the amount of $342.70,
(department budget) and decreases the overall lease amount by
$4,962.05. The term remains December 15, 1999, through
December 31, 2009, with a reduced maximum amount payable of
$100,949 (department budget) for the multi-year term - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
31. T.W. DuFour and Associates - Lease Agreement - 107 Parmac Road,
Suite 1, Chico - Board approval is requested by the Butte
County Department of Behavioral Health for a lease agreement
with T.W. DuFour and Associates for the property located at
107 Parmac Road, Suite 1, Chico. The site will be utilized by
the Adult Services Division- Rehabilitation Of Our Friends
program. The term of the agreement is May 1, 2000, through
April 30, 2010, with a maximum amount payable of $644,280.44
(department budget) for the multi-year term. The maximum amount
payable for fiscal year 1999-2000 will not exceed $29,975. The
lease also provides for infill costs to the department in an
amount not to exceed $29,935 (department budget), with T.w.
DuFour providing the contractor and free rent for 1 month as
its contribution towards infill costs - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 127 April 25, 2000
April 25, 2000
00-136 32. T.W. DuFour and Associates - Lease Agreement - 107 Parmac Road,
Suites 2 and 3, Chico - Amendment A - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the lease agreement with T.W. DuFour and
Associates for the property located at 107 Parmac Road,
Suites 2 and 3, Chico. The site is utilized by the Adult
Services Division-Outpatient program. The amendment provides
for additional infill costs in the amount of $9,999.49,
(department budget) and increases the overall lease amount by
$1,919.98. The term of the agreement remains December 15, 1999,
through December 31, 2009, with an adjusted maximum amount
payable of $509,332.07 (department budget) for the multi-year
term. T.W. DuFour is providing free rent for a 5 month period
as its contribution towards infill costs - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER.
(Contract No. X11471)
33. Butte County Probation - Memorandum of Understanding - Board
approval is requested by the Superior Court of California,
County of Butte, for a Memorandum of Understanding with the
Probation Department for services in support of the Juvenile
Drug Court Program. The term of the agreement is June 4, 1999,
through November 30, 2000, with a maximum amount payable of
$105,093 for fiscal year 1999-2000, and $98,793 for fiscal year
2000-2001 (department budget) - action requested - APPROVE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X 11573)
34. Butte County Probation - Memorandum of Understanding - Board
approval is requested by the Superior Court of California,
County of Butte, for a Memorandum of Understanding with the
Probation Department for services in support of the Drug Court
Program. The term of the agreement is May 1, 1999, through
May 30, 2000, with a maximum amount payable of $56,014 for
fiscal year 1999-2000, and $54,014 for fiscal year 2000-2001
(department budget) - action requested - APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11572)
35. Butte County Department of Behavioral Health - Memorandum of
Understanding - Amendment - Board approval is requested by the
welfare Department for an amendment to the Memorandum of
Understanding with the Butte County Department of Behavioral
Health for the provision of substance abuse and mental health
treatment services to CalWORKs participants. The amendment
decreases the amount payable for fiscal year 2000-2001 to
$1,053,194, revises Exhibit B payments to reflect the hourly
rate of reimbursement, and modifies the review process - action
requested - APPROVE AMENDMENT TO MEMORANDUM OF UNDERSTANDING
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10903)
Page 128 April 25, 2000
April 25, 2000
00-136 36. Board Calendar Modification - pursuant to the Board's direction
of April 11, 2000, consideration of a Board calendar
modification for May 2000, changing the Board meeting dates
from May 9, and May 23, to May 16, and May 30 - action
requested - APPROVE MODIFICATION TO BOARD CALENDAR FOR MAY
2000, CHANGING THE MEETING DATES FROM MAY 9, AND MAY 23, TO
MAY 16, AND MAY 30.
37. Safe Route to School Program - consideration of two
applications to Caltrans for funding, up to a maximum of
$500,000 per project, for two Safe Route to School Program
projects - action requested - APPROVE TWO APPLICATIONS FOR THE
SAFE ROUTE TO SCHOOL PROGRAM AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO SIGN.
38. Claim for Refund of Real Property Taxes - the University of
California, Davis, submits a claim for refund of real property
taxes on the following properties and fiscal years: 251
Cohasset Road, Chico (1997-1998); 1166 The Esplanade, Suite 2,
Chico (1998-1999); 1430 The Esplanade, Suite 5, Chico (1997-
1998, 1998-1999, 1999-2000); 1601 The Esplanade, Suite 7, Chico
(1997-1998); 1601 The Esplanade, Suite 1, Chico (1997-1998,
1998-1999); 107 Parmac, Suite 3, Chico (1997-1998, 1998-1999,
1999-2000); 254 Cohasset Road, Chico (1997-1998, 1998-1999,
1999-2000); and 280 Cohasset Road, Chico (1997-1998, 1998-1999,
1999-2000) - action requested - REFER TO COUNTY ASSESSOR,
TREASURER-TAX COLLECTOR, AND COUNTY COUNSEL FOR REVIEW AND
RECOMMENDATION TO THE BOARD. (75)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE ACTION REQUESTED
ON ITEM 3.38 AMENDED TO READ, "REFER TO COUNTY ASSESSOR,
TREASURER-TAX COLLECTOR, AND COUNTY COUNSEL FOR REVIEW AND
RECOMMENDATION TO THE BOARD"; AND THE REMOVAL OF ITEM 3.39.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular A ecr nda
00-137 Appointments - Commissions and Committees (91)
1. Appointments to committee vacancies. (NONE)
2. National Association of Counties and California State
Association of Counties - consideration of Board
alternate.
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN AS BOARD MEMBER
ALTERNATE TO THE NATIONAL ASSOCIATION OF COUNTIES AND THE
CALIFORNIA STATE ASSOCIATION OF COUNTIES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 129 April 25, 2000
April 25, 2000
00-138 Update on legislative and budget activities. (123) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
A REPORT FROM THE LEGISLATIVE ANALYST'S OFFICE HAS BEEN
DISTRIBUTED TO THE BOARD AND DEPARTMENT HEADS. THE REPORT
INDICATES THAT THE POTENTIAL EXISTS FOR THE STATE TO REACH ITS
GANN LIMIT AND THERE IS A POSSIBILITY THAT FUNDS MAY BE
DIVERTED TO LOCAL JURISDICTION IN THAT EVENT. IT WAS ALSO
REPORTED THAT GOVERNOR DAVIS HAS PROPOSED AN ADDITIONAL
$10 MILLION FOR THE DRUG COURT PROGRAM. SUPERVISOR HOUX THANKED
JUDGE STEVENS FOR HIS EFFORTS ON THE DRUG COURT PROGRAM.
00-139 Behavioral Health Outreach Program - Report to the Board -
action requested - ACCEPT FOR INFORMATION. (207)
PRESENTATION TO THE BOARD OF A BEHAVIORAL HEALTH RURAL OUTREACH
PROGRAM IN THE OROVILLE AREA BY SUPERVISOR BEELER, MAC MCCALL,
AND LES RODRIQUEZ, BUTTE COUNTY DEPARTMENT OF BEHAVIORAL
HEALTH.
00-140 A Matter on which a Public Hearing Has Been Held and a Motion
of Intent Adopted - Donald M. Senick - waiver of Parcel Map and
Proposed Negative Declaration - 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 - action requested:
1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE
REVISED AGENDA REPORT DATED APRIL 11, 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;
Page 130 April 25, 2000
April 25, 2000
00-140 3. WAIVE THE REQUIREMENT FOR A PARCEL MAP AS REQUIRED UNDER
SECTION 20-94 OF THE BUTTE COUNTY SUBDIVISION ORDINANCE;
AND
4. SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE REVISED
STAFF REPORT DATED APRIL 11, 2000, AND THE CONDITIONS OF
APPROVAL AS LISTED IN EXHIBIT "A" OF THE REVISED STAFF
REPORT DATED APRIL 11, 2000, APPROVE WAIVER 00-02 FOR
DONALD M. SENICK. (FROM 3-14-00 [5.02]) (473)
AT THE REQUEST OF THE APPLICANT, THIS ITEM CONTINUED TO A
FUTURE AGENDA TO ALLOW THE APPLICANT AND THE COUNTY ADDITIONAL
TIME TO ADDRESS OUTSTANDING ISSUES WITH THE ITEM.
00-141 Items removed from the Consent Agenda for Board consideration
and action. (516)
1. 1999 Adult and Children's Services Annual Report - the
Director of Social welfare submits the annual report -
action requested - ACCEPT FOR INFORMATION
PRESENTATION TO THE BOARD OF THE 1999 ADULT AND CHILDREN'S
SERVICES ANNUAL REPORT BY PAT CRAGAR, WELFARE DIRECTOR.
BOARD DIRECTION THAT CONSIDERATION OF A LETTER OF SUPPORT FOR
ASSEMBLY BILL 2518 BE BROUGHT FORWARD ON A FUTURE AGENDA.
Regular Agenda
00-142 Integrated Storage Investigation Program - consideration of a
recommendation by the Butte County water Commission to approve
a Statement of Principles for the Integrated Storage
Investigation Program with the Department of water Resources -
action requested - APPROVE STATEMENT OF PRINCIPLES AND A LETTER
OF INTENT TO PARTICIPATE IN THE INTEGRATED STORAGE
INVESTIGATION PROGRAM AND AUTHORIZE THE CHAIR TO SIGN. (1178)
MOTION: I MOVE TO APPROVE THE STATEMENT OF PRINCIPLES AND A LETTER OF
INTENT TO PARTICIPATE IN THE INTEGRATED STORAGE INVESTIGATION
PROGRAM AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 9:54 A.M.
RECONVENE: 10:06 A.M.
Page 131 April 25, 2000
April 25, 2000
00-143 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.) (1593)
1. DON BRANSFORD, PRESIDENT OF THE BOARD, GLENN-COLUSA
IRRIGATION DISTRICT, AND O.L. "VAN" TENNEY, GENERAL
MANAGER, GLENN-COLUSA IRRIGATION DISTRICT, ADDRESSED THE
BOARD TO DISCUSS THE PROPOSED GRADIENT AND FISH SCREEN
PROJECT ON THE SACRAMENTO RIVER, AND EXPRESSED THE DESIRE
OF THE GLENN-COLUSA IRRIGATION DISTRICT TO WORK WITH THE
ARMY CORPS OF ENGINEERS TO ENSURE THAT THE MITIGATION
MEASURES PROPOSED FOR BUTTE COUNTY ROADS ARE ADDRESSED AS
PART OF THE PROJECT.
2. BILL WILSON ADDRESSED THE BOARD TO COMMENT ON THE ADULT
AND CHILDREN'S SERVICES ANNUAL REPORT, AND TO DISCUSS THE
PROBLEMS IN SUPERVISORIAL DISTRICT ONE.
RECESS: 10:15 A.M.
RECONVENE: 10:19 A.M.
00-143 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.) (1693)
3. BILL WILSON CONTINUED TO ADDRESS THE BOARD REGARDING THE
PROBLEMS WITH POLITICIANS AND BUREAUCRATS.
Public Hearincrs and Timed Items
00-144 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 - AT THE REQUEST OF THE
APPLICANT, CONTINUE HEARING TO MAY 23, 2000, 10:30 A.M. (FROM
3-14-00 [5.01] ) (2401)
PUBLIC HEARING RECONVENED AT 10:40 A.M. AND AT THE REQUEST OF
THE APPLICANT, CONTINUED OPEN TO JUNE 13, 2000, AT 1:15 P.M.
Page 132 April 25, 2000
April 25, 2000
00-145 CLOSED SESSION: the Board recessed at 10:43 a.m. to a closed
session conference with legal counsel
regarding initiation of litigation pursuant to
Government Code Section 54956.9(c) one
potential case. (2653)
RECONVENE: the Board reconvened at 11:07 a.m. from a
closed session conference with legal counsel
regarding initiation of litigation pursuant to
Government Code Section 54956.9(c) one
potential case. (2670) (NO ANNOUNCEMENTS)
Public Hearincr and Timed Items
00-146 Public Hearing - Underground Utility District - East Avenue
No. 14 - consideration of the 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 A RESOLUTION ESTABLISHING AN UNDERGROUND UTILITY
DISTRICT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-28-00 [3.04])
(2704 )
Public Hearing Opened: 11:12 A.M.
Public Hearing Closed: 11:13 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 00-56 ESTABLISHING AN UNDERGROUND
UTILITY DISTRICT AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 133 April 25, 2000
April 25, 2000
00-147 Continued 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 THE REVISED FINDINGS AS DETAILED IN THE STAFF
REPORT DATED APRIL 25, 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 (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. (FROM 3-28-00 [5.02]) (3005)(**00)
PUBLIC HEARING RECONVENED AT 11:21 A.M. AND CONTINUED
OPEN TO MAY 30, 2000, AT 10:30 A.M.
00-148 CLOSED SESSION: the Board recessed at 11:26 a.m. to a closed
session conference with labor negotiator
pursuant to Government Code Section 54957.6:
Agency Negotiator: Donald Turko; Employee
Organizations: Butte County Employees
Association (General Unit); Butte County
Management Employees Association (Management,
Confidential, and Supervisory Unit);
Communication workers of America (Social
workers Unit); and Deputy Sheriffs Association
(General and Management Units). (**289) ITEM
7.01 ON THE CLOSED SESSION AGENDA (MILLER V.
COUNTY OF BUTTE) WAS REMOVED FROM THE AGENDA
WITHOUT DISCUSSION OR ACTION.
Page 134 April 25, 2000
April 25, 2000
00-148 RECONVENE: the Board reconvened at 12:02 p.m. from a
closed session conference with labor
negotiator pursuant to Government Code Section
54957.6: Agency Negotiator: Donald Turko;
Employee Organizations: Butte County Employees
Association (General Unit); Butte County
Management Employees Association (Management,
Confidential, and Supervisory Unit);
Communication workers of America (Social
workers Unit); and Deputy Sheriffs Association
(General and Management Units). (**341) (NO
ANNOUNCEMENTS)
Public Hearincr and Timed Items
00-149 Public Hearing - State of California, Department of Housing and
Community Development, Community Development Block Grant
Program - review and discussion of the final report which
discloses the accomplishments of a fiscal year 1998 planning
and technical assistance grant (98-EDBG-587) for the
preparation of a multi-county planning study to assist emerging
and expanding rural businesses. The project entitled, "Butte
County Capital Needs Assessment" has been completed - action
requested - ACCEPT FINAL REPORT; AUTHORIZE STAFF TO PREPARE
DOCUMENTATION NECESSARY TO CLOSE OUT THE GRANT; AND AUTHORIZE
THE FINAL REPORT TO BE PRESENTED TO THE BUTTE COUNTY JOB
CREATION TEAM FOR CONSIDERATION AND DIRECTION. (**352)
PUBLIC HEARING OPENED: 12:26 P.M.
PUBLIC HEARING CLOSED: 12:26 P.M.
MOTION: I MOVE TO ACCEPT THE FINAL REPORT; AUTHORIZE STAFF TO PREPARE
DOCUMENTATION NECESSARY TO CLOSE OUT THE GRANT; AND AUTHORIZE
THE FINAL REPORT TO BE PRESENTED TO THE BUTTE COUNTY JOB
CREATION TEAM FOR CONSIDERATION AND DIRECTION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-150 CLOSED SESSION: the Board recessed at 12:30 p.m. to a closed
session conference to discuss public employee
performance evaluation pursuant to Government
Code Section 54957: Chief Administrative
Officer; and public employee appointment/
employment/evaluation pursuant to Government
Code Section 54957: Director-Behavioral
Health. (**1102) CHAIR DOLAN ANNOUNCED THAT
THE BOARD OFFERED THE POSITION OF COUNTY
COUNSEL TO BRUCE ALPERT BY A UNANIMOUS VOTE
AND THAT HIS EMPLOYMENT CONTRACT WAS APPROVED
AT THE LAST BOARD MEETING, ALSO BY A UNANIMOUS
VOTE.
Page 135 April 25, 2000
April 25, 2000
00-150 RECONVENE: the Board reconvened at 1:20 p.m. from a
closed session conference to discuss public
employee performance evaluation pursuant to
Government Code Section 54957: Chief
Administrative Officer; and public employee
appointment/ employment/evaluation pursuant to
Government Code Section 54957: Director-
Behavioral Health. (**1193) (NO
ANNOUNCEMENTS)
Public Hearincr and Timed Items
00-151 Continued Public Hearing - Proposed Amendment to the Non-
exclusive Franchise for Cable Televison Services -
consideration of the approval of a proposed amendment to the
non-exclusive franchise for cable television services in the
unincorporated areas of Chico/Durham. The franchise has been
granted by the County to Chambers Cable of Southern California,
Inc., and is proposed to be transferred to AT&T Corp. The
proposed amendment would change the definition of gross
subscriber revenue - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-11-00 [5.04]) (**1201)
PUBLIC HEARING RECONVENED AT 1:20 P.M. AND CONTINUED OPEN TO
MAY 16, 2000, AT 9:30 A.M.
00-152 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.) (**1304)
1. ARTHUR DEWITT ADDRESSED THE BOARD TO DISCUSS THE
CONSTRUCTION TAKING PLACE IN THE KELLY RIDGE AREA, THE
EFFECT OF THAT DEVELOPMENT ON THE DEER POPULATION, AND
THE METHODS THE DEVELOPER IS USING.
Regular A ecr nda
00-153 CLOSED SESSION: the Board recessed at 1:28 p.m. to a closed
session conference to discuss public employee
performance evaluation pursuant to Government
Code Section 54957: Chief Administrative
Officer; and public employee appointment/
employment/evaluation pursuant to Government
Code Section 54957: Director-Behavioral
Health. (**1393)
Page 136 April 25, 2000
April 25, 2000
00-153 RECONVENE: the Board reconvened at 3:06 p.m. from a
closed session conference to discuss public
employee performance evaluation pursuant to
Government Code Section 54957: Chief
Administrative Officer; and public employee
appointment/ employment/evaluation pursuant to
Government Code Section 54957: Director-
Behavioral Health. (**1403) (NO ANNOUNCEMENTS)
Communications
00-154 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. Howard Hamman, Chair, Butte County Fish and Game
Commission, writes to the Board of Supervisors to request
the Board initiate a request to the Reclamation Board
asking the Reclamation Board to respond in good faith to
revise or eliminate the inconsistent conditions contained
in the permits issued by the Reclamation Board to
preclude restoration of a proposed mitigation bank for
riparian habitats project. (REFER TO CHIEF ADMINISTRATIVE
OFFICER, EMERGENCY SERVICES OFFICER, DIRECTOR OF PUBLIC
WORKS, DIRECTOR-DEVELOPMENT SERVICES, AND DIRECTOR OF
WATER AND RESOURCE CONSERVATION.)
ADJOURNMENT: there being no further business before the
Board the meeting was adjourned at 3:06 p.m.
to reconvene at a regular meeting of the Board
on Tuesday, May 16, 2000.
Jane Dolan, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 137 April 25, 2000